Justice Pankaj Mithal: Proposes 7-Member Collegium Expansion

• Former Supreme Court Justice Pankaj Mithal proposed expanding the Supreme Court collegium to seven members.
• The proposed expansion includes a nominee from the President, the Attorney General for India, and an independent constitutional functionary.
• Justice Mithal stated the current collegium is an extra-constitutional authority needing substantial improvement for transparency and public confidence.
• He believes this reform is crucial for India to become a developed nation by 2047.
• The expanded collegium aims to make the appointment process more inclusive, ensuring the Bar has a voice and restoring public trust.

His proposal, the Pankaj Mithal collegium expansion proposal, is designed to improve transparency and rebuild public confidence in the crucial process of selecting judges for the nation's highest court.

Former Supreme Court Justice Pankaj Mithal recently put forth a significant proposal aimed at overhauling the process of judicial appointments in India. Speaking on Thursday at the fifth edition of the 'Nyay Nirman @ 2047: Building the Legal Architecture of India’s Global Future' event, Justice Mithal advocated for a substantial expansion of the existing Supreme Court collegium. His remarks, delivered in Hindi, underscored the urgency of such reforms as India strives to achieve developed nation status by 2047.

The core of Justice Mithal's proposal centers on increasing the collegium's membership to seven individuals. Currently composed solely of judges, the expanded body would incorporate external perspectives to enhance its legitimacy and public trust. Specifically, he suggested that the sixth member could be an eminent individual nominated by the President of India, or alternatively, the Attorney General for India, who serves as a representative for both the legal bar and the government.

Further diversifying the collegium, the seventh proposed member would be a distinguished constitutional post-holder, also nominated by the President. Justice Mithal offered the Chairman of the Union Public Service Commission (UPSC) as an illustrative example of such a figure. This comprehensive Pankaj Mithal collegium expansion proposal is designed to improve transparency and rebuild public confidence in the crucial process of selecting judges for the nation's highest court.

Justice Mithal did not shy away from critiquing the existing framework for judicial appointments, characterizing the Supreme Court collegium system as an "extra-constitutional authority." He acknowledged that while the system was initially established with commendable intentions, its current iteration necessitates considerable improvement. This perspective highlights a central point in the ongoing India Supreme Court collegium reform debate: the perceived lack of a formal constitutional basis for the collegium's structure and functioning.

His address emphasized that reforming the judicial appointments process stands among the most critical changes required for India to realize its ambition of becoming a developed nation by 2047. This sentiment places the discussion around Justice Pankaj Mithal judicial appointments squarely within the broader national agenda, linking judicial efficacy and public trust directly to the country's developmental trajectory. The call for substantial improvement suggests a recognition that the current system, despite its historical origins, may no longer adequately serve the evolving needs of a modern, democratic state.

The fundamental objective behind Justice Mithal's proposed collegium expansion is to significantly restore public confidence in the judicial appointment process. He articulated a belief that a seven-member body, encompassing diverse voices, would foster a greater sense of inclusivity and fairness. This expansion, particularly through the inclusion of a President nominee Attorney General collegium member, aims to ensure that the legal bar has a discernible voice in the selection of judges, thereby broadening the representation within the decision-making body.

Justice Mithal posited that if selections were made by such an expanded, multi-faceted body, the public would perceive the process as more inclusive and transparent. This directly addresses the India judicial transparency debate, suggesting that greater external participation could mitigate concerns about opacity and self-selection. The vision articulated at the Nyay Nirman 2047 legal architecture event is one where judicial appointments are not only merit-based but also seen to be so, reinforcing the judiciary's foundational role in a democratic society.

Lawyers and compliance officers in India should closely monitor ongoing discussions and proposals for Supreme Court collegium reform, as any changes to judicial appointment processes could significantly impact judicial independence, the composition of the bench, and future legal interpretations and precedents in the country.

Source: Original reporting via The Economic Times