CJI Surya Kant Defends Collegium, Says Critics Often Lack Understanding of Judicial Functioning
Chief Justice of India Surya Kant has strongly defended the Collegium system of judicial appointments, asserting that much of the criticism directed at it comes from individuals who do not fully understand how the judiciary functions. Speaking at a public interaction, the CJI observed that while the Collegium is not beyond improvement, casual criticism often overlooks the constitutional principles that safeguard judicial independence and the practical realities involved in selecting judges.
The CJI stressed that the Collegium evolved through constitutional interpretation to preserve the independence of the judiciary from executive and political influence. According to him, the system was designed to ensure that appointments to the higher judiciary remain insulated from external pressures, thereby protecting the rule of law and public confidence in the justice delivery system. He maintained that any debate on reforms should begin with an appreciation of these foundational objectives rather than broad generalisations.
Justice Surya Kant acknowledged that no institutional mechanism is flawless and said there is always room to enhance transparency and efficiency. However, he cautioned against dismantling or weakening a framework that has played a significant role in preserving the autonomy of constitutional courts. He noted that criticisms should be constructive, evidence-based and aimed at improving the institution rather than undermining its credibility.
The Chief Justice also highlighted that judicial appointments involve rigorous evaluation of integrity, competence, professional standing, temperament and constitutional values—factors that are often not visible in the public domain. He suggested that the confidential nature of many deliberations is necessary to protect the reputation of candidates and preserve the independence of the selection process, making it difficult for outsiders to fully appreciate the complexities involved.
His remarks come amid continuing public and political debate over the Collegium system, with some critics advocating greater executive participation or a new appointments mechanism. Successive Chief Justices have, however, maintained that while procedural reforms may be considered, judicial primacy in appointments is essential to uphold the separation of powers and the independence of the judiciary.
The CJI’s defence of the Collegium reinforces the Supreme Court’s consistent position that institutional reforms must strengthen, rather than compromise, judicial independence. His observations are likely to add fresh momentum to the ongoing national discourse on balancing transparency, accountability and constitutional autonomy in the appointment of judges to the higher judiciary.
