The Supreme Court of India is the country’s apex court and the final place for an appeal. Its judgments are binding on all other courts, and it serves as the final interpreter of the Constitution.
The Supreme Court came into existence on 26 January 1950, the day the Constitution came into force. The first Chief Justice of the Supreme court was Justice H.J. Kania. Consisting of the Chief Justice of India and 30 other judges, it has extensive powers in the form of original, appellate and advisory jurisdictions. As the final court of appeal, the Supreme Court takes up appeals primarily against verdicts of the high courts of various states of the Union and other courts and tribunals. It safeguards fundamental rights of citizens and settles disputes between various governments in the country.
Collegium system is not working properly and even after the declaration of NJAC as unconstitutional, there are clear protests and murmurings within itself and Justice Chellameswar has clearly objected the working of the system. If Govt. is subjected to review as to the legality of actions, the Collegium should also come under the scrutiny of Parliament and no one is above and supreme in a parliamentary Democracy. Events after the validity of Collegium shows that the system has its inherent weakness and selective control over it and is criticised by many legal Luminaries. Parliament has to approve the selection of Judges in true sense and not in ceremonial acceptance as the SC now require. It is a shame on the part of Parliament that it does not discuss or rethink over the NJAC revival and it all due to the rampant corruption and degrading strength. The symptoms of erosions in the foundation of Democracy is seen when the Judiciary takes over its upper hand beyond the parliamentary supremacy. It is the high time the Collegium system has to be reviewed in consonance with checking policies.
Collegium system must definitely be reviewed and check and balance system should be more strengthened.