“I do not know what happens in the Collegium” : CJI Dipankar Datta

Supreme Court Justice Dipankar Datta questions the ‘Collegium’ system

New Delhi – Justice Dipankar Datta, a judge of the Supreme Court of India, has raised questions about the functioning of the Collegium system. He stated, “You may be surprised to know that I do not know what happens in the Collegium. I also do not know where the Collegium meets.”

His remarks have brought renewed attention to the Collegium system, which is used to recommend appointments and transfers of judges in the Supreme Court and the High Courts.

Judicial appointments should be based on merit, not gender

Justice Dipankar Datta further stated that judicial appointments should be based on merit rather than gender. He said that when it comes to promotion to the position of High Court judges, the focus should not be on numbers but on the quality and competence of candidates.

Ability, integrity, and character must be considered

Justice Datta also emphasized that when considering promotions to a bench, a candidate’s ability, integrity, and character should be taken into account. If a person is qualified to become a judge, he or she should be appointed.

What is the Collegium system ?

The Collegium system is responsible for the appointment and transfer of judges in the higher judiciary in India. It is not established by Parliament and is not a constitutional provision. Instead, it evolved through a series of judgments of the Supreme Court of India.

The Supreme Court Collegium consists of 5 senior-most judges and is headed by the Chief Justice of India. In the High Courts, the Collegium is led by the respective Chief Justice and includes the 2 senior-most judges of that High Court.

Through this system, recommendations are made for appointments and transfers within the higher judiciary. The role of the government begins once the Collegium forwards its recommendations for judicial appointments.