Lack of transparency, limited diversity, and patronage expose structural flaws in India’s Supreme Court collegium system

By Nayakara Veeresha

The current Supreme Court Collegium(SCC) system came into existence as a result of the judicial pronouncements in the following cases:

• SPGupta case (December 30, 1981) or the First Judges Case: Reiterated the executive’s role in the appointment of judges as envisaged in the Constitution.

• Supreme Court Advocates on Record Association versus Union of India, also known as the Second Judges Case (October 6, 1993): This decision gave primacy to the Chief Justice of India (CJI) over the President, a departure from democratic norms, reducing the Office of the President to an approving authority.

• In the Special Reference case of 1998 or the Three

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