Supreme Court would consider a plea seeking to revive NJAC: Chief Justice of India | Current Affairs | Vision IAS
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In Summary

The Supreme Court considers reviving the NJAC to address issues in the Collegium system, aiming for transparent, accountable, and diverse judicial appointments while safeguarding judicial independence.

In Summary

Recently, Supreme Court agreed to consider a PIL questioning the Collegium system for appointment of judges in the top court and the High Courts and seeking revival of the National Judicial Appointment Commission (NJAC).

About the NJAC Act, 2014

  • Constitutional Amendment: Established by the 99th Constitutional Amendment to replace the Collegium system for higher Judiciary appointments.
  • Composition: Appointments to be recommended by a six-member commission: the CJI, two senior Supreme Court judges, the Union Law Minister, and two eminent persons.
  • Judicial Verdict: Struck down in the Fourth Judges Case (2015), for violating 'Basic Structure' (Judicial Independence).

Concerns with the Collegium

  • Opaqueness and Accountability Deficit: Collegium decisions are not answerable to any external authority—neither Parliament nor the executive.
  • Exclusionary Nature: Collegium has been criticised for under-representation of women judges, inadequate presence from marginalized communities, etc.
  • Constitutional ambiguity: Collegium system emerged from judicial interpretation (Three Judges Cases) undermining the principle that Parliament should determine institutional design.
  • Vacancy: Persistent standoffs between the Collegium and Executive delay appointments. 

Conclusion

While the Collegium system safeguards judicial independence, the concerns highlight the need for reform, such as a restructured National Judicial Appointments Commission (NJAC) with safeguards, or a collegium-plus model ensuring transparency, accountability, and diversity.

Existing System of appointments in Higher Judiciary

  • Appointments are via the Collegium System formalized by the Memorandum of Procedure (MoP)
    • The MoP is the rulebook outlining the recommendation, approval, and consultation steps between the Judiciary and the Executive.
  • For appointments in Supreme Court: Collegiumconsists of the Chief Justice of India and the four senior-most Supreme Court judges.
  • For appointments in High Courts: 
    • Collegium at HC consists of Chief Justice of High Court and two senior judges of the concerned court.
    • Collegium at SC consists of CJI and two seniormost Judges of the Supreme Court.
    • Chief Justice of India seeks views of the Judges of the Supreme Court, outside the Collegium, who are conversant with the affairs of the concerned High Court.
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