Context: The Supreme Court collegium has recently recommended transfer of judges of several high courts.
Collegium System in India

• The Collegium System is a system under which appointments/elevation of judges/lawyers to Supreme Court and transfers of judges of High Courts and Apex Court are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court.
• There is no mention of the Collegium in the Constitution of India.
• The recommendations of the Collegium are binding on the Central Government. if the Collegium sends the names of the judges/lawyers to the government for the second time.
• The Collegiums System of appointment of judges was born through “three judge’s case”, 1998 which interpreted constitutional Articles 124 and Article 217.
• The Constitution alludes to the procedure of appointment of judges to the SC and HCs in Article 124 and Article 217 respectively

How Collegium System Works?

• The Collegium sends the recommendations of the names of lawyers or judges to the Central Government.
• Similarly, the Central Government also sends some of its proposed names to the Collegium.
• The Central Government does the fact checking and investigate the names and resends the file to the Collegium.
• Collegium considers the names or suggestions made by the Central Government and resends the file to the government for final approval. 
• If the Collegium resends the same name again then the government has to give its assent to the names.
• But time limit is not fixed to reply. This is the reason that appointment of judges takes a long time.

Limitations of Collegium System

• When Judges appoint Judges, the essence of democracy is endangered.
• The collegium is a concept that has evolved from the judiciary for the judiciary itself.
• Collegium System is an Organisation inflicted with rampant nepotism and personal patronage.

Scope for transparency

• In respect of appointments, there has been an acknowledgement that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
• The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
• Even the majority opinions admitted the need for transparency, now the Collegium’s resolutions are now posted online, but reasons are not given.