What is the collegium system?

The collegium system is more like a system that considers the appointment and transfer of judges who belong to the High Court and Supreme Court. This collegium system was introduced due to executive interference when it came to judicial appointments. However, this system needs to protect judicial appointments from executive interference. This is due to reasons such as post-retirement appointments of judges. Despite the various criticisms and attempts to reform the transfer process and appointment, the collegium system remains stronger. Here is all about the collegium system in India that you need to know as well.

History of the collegium system in India

The history of the collegium system in India has undoubtedly been quiet over the years. Here is a detailed timeline for this.

Union of India vs SP Gupta, 1981 (First Judge Case)

The Supreme Court believed that consultation in the process of appointing judges does not require concurrence and should only involve the exchange of views.

Union of India vs Supreme Court Advocates-on-Record Association, 1993 (Second Judge Case)

The Supreme Court then reversed what they had previously mentioned about the consultation to mean concurrence. It was then decided that the CJI’s advice regarding the appointment of judges to the Supreme Court would be binding on the President of India. Furthermore, the CJI is supposed to consult with two senior colleagues before concluding the advice.

Third Judge Case, 1998

The court then expanded the collegium to a five-member body, which would also include the CJI and the four most senior judges of the court after the CJI. In this verdict, the Supreme Court laid down strict guidelines regarding the appointment of judges of the high courts and supreme courts, which is also currently known as the Collegium system. In this case, even if two judges give an adverse opinion, they will not send the recommendation to the government.

National Judicial Appointments Commission (NJAC) Act, 2014

This act was brought about to replace the existing collegium system that appoints judges. However, later, a five-judge constitutional bench declared it unconstitutional and nullified it. They claimed that it posed a threat to the independence of the judiciary.

How does the collegium system work?

Specific procedures need to be followed for the appointment of SC, HC, and CJI judges.

For the appointment of CJI

Initially, the President of India appointed the CJI and the other Supreme Court judges.

As far as the CJI is considered, the outgoing CJI also recommends who could be their successors.

In practice, seniority levels have strictly followed this policy ever since the 1970s suppression controversy emerged.

For the appointment of Supreme Court Judges

For other judges of the Supreme Court, the proposal is started by the CJI.

The CJI then consults the rest of the collegium members as well as the senior-most judge of the court who belongs to the High Court to which the recommended person belongs.

The consultees must then record their opinions in written form, which should form part of the file.

The collegium then sends this to the law minister, who forwards it to the Prime minister, who then advises the President.

For the appointment of High Court Judges

The chief justice of the high court is appointed based on the policy of having chief judges from outside the respective states.

The collegium then decides on the elevation.

High court judges are also recommended by a collegium that consists of the two senior judges and the CJI.

However, the proposal was initiated by the outgoing Chief Justice of the High Court concerned in consultation with two of the most senior colleagues.

The recommendation is then sent to the Chief Minister, who advises the governor to send the proposal to the Union law minister.

Why is the collegium system criticized?

Well, a few criticisms have been raised against the collegium system of India. Here are a few that have come to light.

Judicial vacancies

It has struggled to keep up with the stagnant vacancies in the judiciary, which has led to the pending pile of cases. As of August 2022, there were still three vacancies in the Supreme Court as compared to the 380 vacancies in the High Courts.

Nepotism charges

The collegium system does not provide any specific conditions for testing candidates who have applied for the CJI post, which could lead to a wide range of favouritism and nepotism. It also leads to unfair appointments.

Lack of representation of women

The other primary concern is the composition of the higher judiciary, where there are women who are relatively underrepresented in the higher judiciary levels.

Transfer of judges

Currently, the Supreme Court and the government do not disclose anything related to the transfer of judges, which could threaten judicial independence.

Lack of transparency

The Indian collegium system is often criticized for its lack of transparency, which is the primary reason why most of the decisions are not disclosed to the public.

Latest Developments in Collegium System

As far as the latest developments are concerned, specific changes have been brought about. They are as follows:

The President of India is required to consider the opinion of the CJI present in judicial appointments.

The CJI’s opinion is binding on the government. It must also be formed after consultation with a collegium consisting of at least four senior Supreme Court judges.

Even if two judges give an adverse opinion, then the recommendation should not be sent to the government.

Conclusion

The system of appointments should also be improved as the High Courts all across the country need more than 400 judges. A future rise in pending cases could only be tackled if the executive and judiciary are willing to negotiate with a citizen-centric spirit. For that, the reformation of the collegium is the right step forward. If you are curious to know more about such topics, then visit our Chrysalis blog section, where you can get to know everything necessary about these topics.

FAQ:

Why is the collegium system important in India?

The collegium system is essential in India because it ensures the quality of judicial appointments and the independence of the judiciary.

What is the difference between the collegium system and NJAC?

The collegium system involves the executive in appointing the judges, whereas the NJAC believes in keeping the executives away. The NJAC members are:
The Chief Justice of India
Two union ministers of law and justice
Two senior judges

Can the collegium system in India be reformed?

Yes, the collegium system can be reformed to address specific issues of delays, transparency, and accountability. This could include involving representatives from both the judiciary and executive in decision-making so that there are proper checks and balances.

Is the collegium system unconstitutional?

Yes, the collegium system is unconstitutional, which led to the formation of NJAC, also known as the National Judicial Appointments Commission.

Chrysalis School is a hidden gem that is absolutely amazing. The experience started when we were driving through in search of school for our kids and saw this attractive newly built school.

Our interaction with school alumni assured us that our child will be in the best hands with the teachers and staff. The faculty and staff truly care about the students and are available around the clock to help with student needs.

Cheers!
Yaduveer Singh & Tanu Chaudhary

I started my journey at Chrysalis High in the third grade, and have been studying in the same till now and from all these years, I can say that Chrysalis High has the best staff and curriculum.

PUPA (Prior Understanding of Pupil Attributes) is a unique method used in Chrysalis High to understand a student’s learning ability, skills and emotions. They gain this knowledge from the parents and us in an effort to understand us better. The extracurricular activities, inter-school competitions, sports and cultural days organised help incorporate fun and games along with academics.

The student council and the elections for its positions familiarise a student with a sense of responsibility and teamwork. Studying at Chrysalis High has helped me grow to my full potential and has indeed trained me for the exam called life.

I would like to thank all the teachers and staff at Chrysalis High for making my learning experience the best.

Indrani-Singh

Ms. Indrani Singh

Chief Vision Officer, Principal, Chrysalis High Marq & Head - Chrysalis Kids

Ms. Indrani Singh possesses a MSc and B.Ed degree to her credit. She has over 10 years of experience in the field of education and has climbed the rungs of leadership with her sheer dedication, hard work and love for her profession. She joined as the Head of Chrysalis Kids in 2013, which is a pre primary school of Chrysalis. Her out of box thinking and her ideology of doing the right thing for the children have helped her to pioneer new processes to make learning an enriching experience for the children. Across a period of seven years, Ms. Indrani Singh has become a flag bearer of Chrysalis vision, especially the PUPA (Prior Understanding of Pupil Attributes) Program. Indrani brought in the idea of Pre-CHAMPS to all Chrysalis schools. Known for her ideation & focus on quality, Indrani leaves no stone unturned to ensure children have a wonderful learning experience at Chrysalis. In 2017, she was made Associate Academic Director – Pre Primary & again promoted to Academic Director – Pre Primary, a role she handles along with the responsibilities of Chrysalis High, Marq. Under her supervision and guidance, many initiatives like Pre-CHAMPS, AwSTEM, Festival of learning were initiated and appreciated by all. Today she handles multitude of responsibilities from heading two schools to overseeing the Pre-Primary Curriculum Team of Chrysalis as the Academic Director. In addition to these profiles, she was recently promoted as Chief Vision Officer to propel PUPA, an initiative of Chrysalis, to greater heights. To this day, her ideas and her sheer determination to always try something different and new makes her a formidable and integral part of Chrysalis. With an unending pandemic looming over us, the future for education looked uncertain. But Ms. Indrani with her belief that learning should not stop for the children, ideated on the perfect balance of online and live class model to suit the learning styles of the children. The plan started with what best would suit the children and also help the working parents who were facing their own challenges and obstacles. The online model started with curriculum videos which the Chrysalis teachers recorded with the right guidance and methodology which was well defined by her. The live classes began with once a week class to slowly introduce the children to digital learning. With children adapting to live class, the sessions increased to add more to their knowledge. Teachers were sensitized about the challenges of live class and how to ensure that they do the right thing for the children and be an integral part in their learning given the circumstances. Providing the right support to parents and the challenges they faced, were also key elements of the whole digital teaching process. Providing individual support to the children was one way to ensure we partnered with parents to provide the right support to the children and ensure that the learning did not stop.

Transport

We provide a fleet of well-maintained buses with trained drivers and lady attendants. Special care is taken while appointing the drivers, to ensure that only the experienced and qualified drivers are appointed after undergoing a driving test. The buses are equipped with safety equipment and a first-aid kit in case of an emergency.

Being GPS enabled, the school can locate the position of a bus at any time during commute and in case of a breakdown, can send a replacement bus instantly. To avoid rash driving and speeding, speed governors are installed in all the buses.

Salient Features

Nutrition

The School serves balanced and nutritious vegetarian snacks and lunch to students who have opted for the facility.

To supervise students during lunchtime, a teacher is appointed for monitoring each table. Children are trained to keep themselves clean and display correct dining manners.

Reverse Osmosis systems for purifying drinking water are available across the campus throughout the day.

Student Safety and School Security

Safety Always a step ahead!

Chrysalis is inarguably the only school where at no point of time, any child is left without supervision of a female teacher!

CCTV Cameras- Entire premises

Precautionary measures

Working at Chrysalis High has been a wholesome experience for me. What stands out for me is the support I receive from the school management in standing by my vision and passion as a teacher.

It would not be an exaggeration in the slightest, if I said that I feel always supported by the principal, coordinator and staff in performing my duties to the best of my abilities. This makes me confident that I would be given room to grow as an educator. It feels great to be part of a group that takes meaningful steps towards turning our philosophy and values into action!

The values we would love to instill in our students at Chrysalis High are strongly rooted in our hearts by our compassionate and efficient school heads and mentors and model them to our students.

The induction programme has been nothing short of immense learning and much-needed guidance to face all our challenges head-on and it has helped prepare ourselves for the year ahead.

At Chrysalis High, I find myself doing what I love to do, staying true to what I strongly believe in and above all I can see myself as a passionate learner with new opportunities to learn each and every day. To top it all, the love and support my students shower on me is an additional perk without which I cannot be the happy teacher that I am today.

Suhasini. S
Secondary Teacher

Chrysalis High team integrates compassion into their teaching standards, emphasizes the importance of values and builds leaders through each of their classes and lessons. It allows for a lower student to teacher ratio. Online teaching during difficult times of Covid – 19 was indeed a huge challenge for all schools but the support provided by the school to transcend the challenge of teaching students by providing apt and timely training to teachers in online teaching methodology is commendable. This has been very useful to students as well as their parents. The teachers had worked hard in coming up with innovative methods of teaching to keep the students up breast with subjects with their enthusiasm intact.  It’s been a wonderful journey for me at Chrysalis High so far.  The entire team works in unison with one thought in mind – the betterment of the children.

My sincere thanks to Principal ma’am, Coordinators and last but not least my colleagues for the constant support and love.

Upasana Banerjee –
Primary Teacher

I am very happy studying at Chrysalis High Bannerghatta Road. I got admission during the lockdown period. The online classes were well organized and very interactive.

I gained a lot of knowledge during online classes, and the teachers understood us quickly and were there for us at all times. Even though we didn’t meet personally, the atmosphere at Chrysalis was always very warm and supportive. Even though online classes were new to everyone, our teachers were able to identify where we were lagging, and they provided Individual Support Classes (ISP).

The teachers are very interactive, friendly with us, and support us to come up with our own ideas. Practical explanation of the subject through STEaM is also one of the most exciting sessions in our school. The teachers also covered extracurricular activities and enrichment activities during the online classes. The warm welcome by the teachers to the offline classes made us more excited to attend school and a day at Chrysalis High with my friends and teachers is something that I eagerly look forward to every day.

Chrysalis High, is a great school which develops a good foundation for kids both academically and also in character building. Both the pre primary and now the primary school years for Samay, have been socially nurturing and academically challenging. Our son loves his school, he has come a long way from his nursery days till today, the 3rd grade.

Everyone at school, be it the Principal, Coordinators, teachers or the administrative staff, all have been really cooperative and supportive. Chrysalis also has one of the best parent – teacher relationship!

Overall, Chrysalis High, has been a wonderful experience for both Samay and us till date. We appreciate the great work and looking forward for more!

Regard,
Kavita

I have been in Chrysalis High BG Road since 2018. The teachers have laid a strong foundation, helped me improve on my basics in all subjects and played a major role in me evolving into the best version of myself. My school has given me many opportunities to develop my leadership skills and I will always feel grateful about that. I have made many friends in the last couple of years, thanks to the warm atmosphere at Chrysalis High. During online classes our school left no stone unturned and even though our classes were online, they ensured we learnt with the same enthusiasm.

My Voyage at Chrysalis High Marq has been spectacular and overwhelming. The school has positive vibes that makes it a beautiful shelter for not only students but also for the teachers. Here at Chrysalis we are motivated to nurture the young minds in the best possible way.

I learnt number of years of work experience is not that counts, what is more important is the quality one possesses through their learning experience. I thoroughly enjoy teaching and unfaltering curiosity.

Chrysalis High is an impressive organization that makes educators feel supported and equipped. I ’am proud to be a part of this institution that strive to take eloquent steps to transform our care philosophy and values into effective action.

I feel privileged to be an integral part of such a proficient and progressive workforce. Chrysalis oozes integrity and excellence that is t=refreshing and essential in our daily duties.

Chrysalis exemplifies what it means to be an organization that is “To help our children excel by understanding them, guiding them on the right path and strengthening their self belief.”

I enjoy working at Chrysalis High because this is a place where high energy meets absolute dedication.As a teacher, each day is a new day for me and I fully value the myriad opportunities that enhance my experience.

I also appreciate the unique working atmosphere and  the collaborative culture  that allows me to grow not only as a professional, but also as a person.

The school provides me with a lot of scope to interact with children and their parents, and this gives me an opportunity  to gain deeper insights into ways to help each of them achieve their academic goals.

The school’s vision for children is a guiding principle for all of us. It is indeed a pleasure to work with my immediate superiors who are both-understanding and supportive in all aspects. Together, I am certain that we will have a mutually enriching and exciting academic year ahead.

Anuradha Shankar Venkataraman,
Employee, Chrysalis High Marq

Chrysalis High Marq has paved new roads of possibilities of learning and fruitful experiences for both teachers such as myself and the students.

The things that are most satisfying for me are the never ending opportunities to learn, perform out of the comfort zone and most importantly the endless love that I receive from the children. Life is a continuous learning process and Chrysalis High Marq has made it possible by giving me many opportunities to be creative in the way I work. The whole team works as a family by supporting and helping each other at any given point of time .

The motivation, appreciation, support and positivity received by us is in turn passed on to our students. The school believes in the holistic development of all its children and takes all the necessary measures to nurture the young minds in a fruitful way. I am extremely proud to be a part of the Chrysalis High Marq family.

Shivani
Educator, Chrysalis High Marq

In the field of Construction, they say- “ A well-designed and strong foundation keeps the building standing while the forces of nature wreak havoc.” The same purpose that a foundation serves for a building, schooling does for our children- ensures they are wholly prepared for the journey called Life!

Having worked for a few schools in the past, I was aware of the paramount role a school plays in the initial nurturing of a child. While joining Chrysalis, I expected a similar school environment as in my past, but to my astonishment, things were incredibly better. While the academics here are indeed exceptional, even better is the focus on the character development of each child. Teachers know their Children really well, beyond just recalling the child’s name; all thanks to initiatives like PUPA. The teachers nurture children in a way that is not just caring and loving but also instills in them qualities like compassion, collaboration, empathy and many more from an early age. Children are also encouraged in a way that they constantly thrive to develop confidence in their own unique abilities.

Well, what we reap is what we sow; and not just the teachers but the whole team in Chrysalis believes in this fact. We work together tirelessly because we know we are nurturing kids to form a responsible and noble generation for the future!

Anjali E
Faculty, Chrysalis High Marq

I have been a student at Chrysalis High Marq for two school years and from what I have experienced, I can tell you it is a great school. The staff is excellent and the rules help keep the school safe and in order.

There is an equal balance of learning and reviewing the information. There are enrichment activity classes as well to where we have life skill and ink well sessions that help in the refinement and polishing of the mind. Chrysalis has initiated many activities for students. We have engrossing and fun-filled Indoor Champs, Performing Arts classes, Buddy interaction time etc. The teachers in Chrysalis are hardworking and determined . I am so proud and lucky to go to Chrysalis!

Sean Lennon
Grade VIII