'Uncle Judge Syndrome': Collegium System And Controversy Surrounding It

The system to appoint judges has been a controversial issue between the judiciary and the legislature. While the government wants to have a say in the appointment of judges, the Supreme Court headed by the Chief Justice of India has been against any change in the status quo. In the past, even many justices have expressed their voices against the collegium system. The rift between the government and the judiciary has reportedly increased after the nixing of the National Judicial Appointments Commission (NJAC). Now let's tell you what are collegium system and the NJAC:

Collegium System

The Collegium System is a method of appointment and transfer of judges to higher courts, particularly the Supreme Court and High Courts. Initially, the Constitution of India empowered the President to appoint judges in consultation with the Chief Justice of India and other senior judges. However, concerns about political influence and interference led to the development of the Collegium System. Under the Collegium System, the appointment and transfer of judges are primarily handled by a body consisting of the Chief Justice of India and a group of senior judges of the Supreme Court. Their recommendation is then sent to the government for final approval. 

National Judicial Appointments Commission

The Central government had brought the NJAC to replace the existing Collegium System. The NJAC had six members- the Chief Justice of India, two senior-most Supreme Court judges, the Union Minister of Law and Justice, and two eminent persons nominated by a committee of the Prime Minister, the Chief Justice, and the Leader of the Opposition in the Lok Sabha). The NJA was brought to introduce a system where the executive had a role in judicial appointments. However, the NJAC was met with controversy and in October 2015, the Supreme Court declared the NJAC unconstitutional and void, effectively reinstating the Collegium System.

Accusation Against Collegium System

According to critics of the collegium system, it lacks transparency and promotes favouritism including the 'uncle judge syndrome'. The collegium members have been accused of favouring relatives of previous justices or judges in the appointments. Justice Kaul, who retired from the Supreme Court on December 25, recently said that the 'uncle judge syndrome' has been a problem as many people believe that the collegium system is a bit tilted towards judges’ kin. Former Union Minister Upendra Kushwaha had also said that only 250-300 families have sent judges to the Supreme Court. In 2014, a report stated that every third judge in the Punjab and Haryana High Court was an 'uncle' to someone. 

While Chief Justice of India Dhananjaya Yeshwant Chandrachud backed the collegium system, Justice Kaul has said that the NJAC could have worked with some modification but it was nixed before it could take off. These remarks by senior judges have again opened the floor for debate on the collegium system.