The question regarding how to appoint judges at the High Courts
and Supreme Court has been bothering not just the top echelons
of judiciary in India but the executive too. Though the
“collegium system” which appoints judges has been in place for
quite some time now, there have been murmurs of dissatisfaction
over the practice in different quarters. The collegium system –
which is followed in the appointment of judges to the Supreme
Court and the High Courts, has recently been challenged in the
Supreme Court. The petitioner, Rajasthan-based Suraz India Trust
wants the court to declare the system “ultra vires” and
“unconstitutional” because the constitution does not mention it
anywhere and it has been brought into existence through the
judgments of the Supreme Court. The bench, which heard the
matter, referred it to the Chief Justice of India for
“appropriate direction” as the petition rose “complicated legal
issues.” On its part, the government has said that the matter
required reconsideration. Recently on 1st