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UPSC Notes

Judicial Appointments and the Collegium System

PYQs

13

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

This system is crucial for understanding the functioning of the Indian judiciary, its independence, and the ongoing debates about its accountability and transparency. It directly relates to constitutional principles, governance, and the separation of powers.

The Collegium System is a mechanism for the appointment and transfer of judges of the Supreme Court and High Courts in India. It evolved through a series of Supreme Court judgments, establishing judicial primacy in the appointment process over the executive.

Phase IIStatic core

Facts & tables

Key facts

Origin

Established through the First, Second, and Third Judges Cases (1981, 1993, 1998), shifting primacy from executive to judiciary.

Composition

For SC appointments: CJI + four senior-most SC judges. For HC appointments: CJI + two senior-most SC judges + Chief Justice of concerned High Court.

Nature

A judicial creation, not explicitly mentioned in the Constitution.

Criticisms

Lack of transparency, absence of objective criteria, allegations of nepotism ('Uncle Judges'), and perceived insulation from constitutional accountability.

Reference table

Evolution of Judicial Appointments in India

CaseKey Outcome on Appointments
First Judges Case (1981)Executive primacy in judicial appointments.
Second Judges Case (1993)Judicial primacy; collegium of CJI + 2 senior-most SC judges.
Third Judges Case (1998)Expanded collegium to CJI + 4 senior-most SC judges.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaConstitutional Amendments & Structure
Conceptual areaSeparation of Powers & Constitutional Ideals
Conceptual areaFundamental Rights

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaForms and operates the collegium
High Courts of IndiaInvolved in recommendations and appointments
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Factual recall

Quick revision

  • Collegium is a judicial creation for appointing/transferring SC/HC judges.
  • Evolved through First, Second, Third Judges Cases (1981, 1993, 1998).
  • Criticized for opacity, lack of objective criteria, and nepotism.
  • Debate centers on balancing judicial independence with accountability and transparency.
  • Calls for reform include publishing vacancies, criteria, and reasoned recommendations.

Elimination traps

Constitutional vs statutory — The Collegium is a judicial creation, not a constitutional body or a statutory body established by an act of Parliament.

Check if created by Constitution or by Parliament.

High-confidence PYQs

2024Definition-based questions, Institutional roles and functions

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

Indian PolityOpen question
2023Multi-statement analysis, Factual recall

Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in t...

Indian PolityOpen question

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

Indian PolityOpen question
2022Statement-based questions, Factual recall

Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of ...

Indian PolityOpen question
2021Statement-based questions, Conceptual understanding

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

Indian PolityOpen question
2019Multi-statement analysis, Conceptual understanding

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Indian PolityOpen question

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

Indian PolityOpen question

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

Indian PolityOpen question

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Indian PolityOpen question

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

Indian PolityOpen question
2019Statement-based questions, Conceptual understanding

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Indian PolityOpen question

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

Indian PolityOpen question

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

Indian PolityOpen question

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Indian PolityOpen question

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

Indian PolityOpen question
2019Multi-statement analysis, Factual recall

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Indian PolityOpen question

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

Indian PolityOpen question

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

Indian PolityOpen question

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Indian PolityOpen question

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

Indian PolityOpen question
2014Factual recall, Institutional roles and functions

The power to increase the number of judges in the Supreme Court of India is vested in

Indian PolityOpen question

Topic timeline

Constitutional Amendments & StructureSeparation of Powers & Constitutional IdealsFundamental Rights
Prelims 2014· Factual recall, Institutional roles and functions

The power to increase the number of judges in the Supreme Court of India is vested in

Open question
Prelims 2019· Multi-statement analysis, Conceptual understanding

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Open question

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

Open question

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

Open question

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Open question

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

Open question
Prelims 2019· Statement-based questions, Conceptual understanding

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Open question

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

Open question

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

Open question

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Open question

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

Open question
Prelims 2019· Multi-statement analysis, Factual recall

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Open question

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

Open question

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

Open question

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Open question

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

Open question
Prelims 2021· Statement-based questions, Conceptual understanding

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

Open question
Prelims 2022· Statement-based questions, Factual recall

Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of ...

Open question
Prelims 2023· Multi-statement analysis, Factual recall

Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in t...

Open question

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

Open question
Prelims 2024· Definition-based questions, Institutional roles and functions

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

Open question

End the culture of secrecy in judicial appointments

26 Aug 2026 · The Collegium System, a judicially evolved mechanism for appointing higher judiciary judges, faces criticism for its opacity, lack of objective criteria, and allegations of nepotism, sparking a debate between judicial independence and accountability.

Read article

Related topics

Current topic

Judicial Appointments and the Collegium System

Often confused with

Judicial Independence and Constitutional Morality

Open notesOften confused with

Government Accountability and Democratic Governance

Open notesOften confused with

Judicial Oversight of Executive Action

Open notesOften confused with

Judicial Accountability and Integrity

Open notesOften confused with

Appointment of High Court Judges and Chief Justices

Open notes

Practice writing on this topic

UPSC has asked 13 linked questions on Judicial Appointments and the Collegium System in Mains. Write an answer to one — and get it evaluated.

See Mains PYQsEvaluate an answer

UPSC Prelims PYQs on Judicial Appointments and the Collegium System

Practice official previous year questions asked by UPSC related to this concept.

Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of ...

2022·Indian Polity
Solve

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

2024·Indian Polity
Solve

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

2021·Indian Polity
Solve

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

2019·Indian Polity
Solve

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

2019·Indian Polity
Solve

The power to increase the number of judges in the Supreme Court of India is vested in

2014·Indian Polity
Solve

Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in t...

2023·Indian Polity
Solve

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

2019·Indian Polity
Solve

Consider the following statements : 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validi...

2018·Indian Polity
Solve

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

2023·Indian Polity
Solve

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

2019·Indian Polity
Solve

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

2019·Indian Polity
Solve

Consider the following statements: 1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and dem...

2020·Indian Polity
Solve

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