Collegium System, Though Imperfect, Limits Executive Interference & Insulates Judges From External Pressures: Justice Surya Kant

Supreme Court judge Justice Surya Kant opined that the collegium system, despite its imperfections, is an important safeguard for the Judiciary against interference by the Executive and the Legislature.

Speaking at an event at the Seattle University, USA, last week, Justice Kant said that the collegium system preserves Judiciary's autonomy.

In his address, Justice Kant said that the collegium system developed in India is a compelling model of the substantive application of the doctrine of Separation of Powers, which ensures that the judiciary retains control over judicial appointments. While acknowledging that the collegium system has been subject to sustained criticism, particularly due to the opacity of the process, Justice Kant said that recent efforts by the Supreme Court signal a growing commitment to enhancing transparency.

"Nonetheless, the key constitutional insight to be drawn here is that, despite its imperfections, the collegium system serves as a crucial institutional safeguard. It significantly limits interference by the Executive and Legislature, thereby preserving the Judiciary's autonomy and insulating judges from extraneous pressures that could otherwise compromise their impartiality," Justice Kant said.

A similar opinion was expressed by the Chief Justice of India, Justice BR Gavai, in a recent event, by saying that reforms to the collegium system cannot come at the cost of judicial independence.

"There may be criticisms of the collegium system, but any solution must not come at the cost of judicial independence. Judges must be free from external control," CJI Gavai said last week while speaking at a roundtable discussion at the UK Supreme Court last week.

Indian judiciary has been instrumental in shaping democracy's moral spine : Justice Surya Kant

In his address, Justice Surya Kant said that judiciary is a 'quiet sentinel' —an institution that watches, guards, and occasionally intervenes, often without fanfare, but always with consequence.

"The Indian judiciary, to my mind, has been instrumental in shaping democracy's moral spine," he said.

He emphasised that independence was an important value for the judiciary. According to him, judicial independence encompasses the ability to have intellectual and moral independence, which stretches beyond mere institutional autonomy. The underlying purpose of the independence of the judiciary is that judges must be able to decide a dispute before them according to law, uninfluenced by any other factor.

He said that the Indian judiciary was performing dual roles. One, acting as a a vital check within the constitutional scheme of Separation of Powers—guarding against executive and legislative overreach. Second, acting as a potent catalyst for social transformation, often stepping in to articulate and advance the rights of marginalised communities, reinterpret entrenched norms, and give constitutional expression to evolving societal aspirations.

"When courts act to empower the powerless, grounded in constitutional text and moral clarity, they do not usurp democracy—they deepen it," he opined.

At the same time, Justice Kant cautioned against the judiciary encroaching upon the domains of the other wings under the guise of judicial activism. "The judicial authority is most enduring when it is exercised with a sense of humility—when the Court is seen not as an omnipotent arbiter but as a co-traveller in the democratic journey," he said.

In conclusion, Justice Kant said :

"I must highlight that the judiciary may not be the most visible arm of the state, it may not command battalions or shape budgets but it performs a task more difficult: it keeps alive the promise of justice. In India, this task has often been thankless, occasionally triumphant, and always essential. The judiciary is not a savior; it is a sentinel. It does not march. It watches. And when necessary, it speaks—not to please, but to preserve. grounded in constitutional values."

Full text of the lecture can be read here.