Judicial Appointments and Constitutional Boundaries: A Critical Analysis of the Collegium System in India

Author(s)	Kartikey Agarwaal, Prof. Dr. Anuj Goel, Dr. Pallavi Jain
Country	India
Abstract	The collegium system governing judicial appointments in India represents one of the most significant developments in Indian constitutional law. While it has been justified as a mechanism to safeguard judicial independence, it has also attracted sustained criticism for its opacity, lack of accountability, and perceived deviation from the constitutional text. This paper critically examines whether the reinterpretation of the term “consultation” into “concurrence” under Article 124(2) ¹ aligns with the constitutional intent of the framers. Through a doctrinal analysis supported by dictionary interpretation, examination of landmark judicial decisions, and comparative constitutional perspectives, the paper argues that the collegium system reflects a substantive shift in the balance of constitutional power. The paper further evaluates whether such transformation can be justified within the framework of judicial interpretation or whether it amounts to a structural alteration requiring constitutional amendment. It concludes by proposing a need for a transparent, accountable, and constitutionally aligned mechanism for judicial appointments.
Keywords	Collegium, Interpretation, Constitution, Consultation, Concurrence
Field	Business Administration
Published In	Volume 7, Issue 4, July-August 2026
Published On	2026-07-02

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