On 16th October, 2015 the SC declared the National Judicial Appointments Commission (NJAC) Unconstitutional. As citizens we all are too busy to pay attention to all these matters but we unknowingly do bear the impact of these decisions. So here is what you must know about the NJAC and why it is unconstitutional. Further it was decided the the collegium system where judges appoint judges will prevail. This is indeed a landmark judgement by the Supreme Court. This was the 99th constitutional amendment brought by the NDA government.
The NJAC was formed to replace the two decade old collegium system of appointment of Judges. Although the collegium system of appointment of judges has some defects, the NJAC was termed as ‘unconstitutional’ and was aimed at hurting the Independence of judiciary. The new law also meant that the Chief Justice of India, two senior most judges of the apex court and the Union Law Minister would also be appointed according to the provisions of NJAC.
The problem with NJAC – Under NJAC the appointment of judges would take place by committe of Chief Justice, The Prime Minister and a leader of opposition in Lok Sabha. This construction of people and their decisions have high chance of being bias. The authorities that deal with this amendment is the SC and the Supreme Court Bar Association. On other hand the collegium systems was created by 2 judgements of Supreme Court in the year 1990 in which the two SC judges headed by the Chief justice of India would select and recommend the names of prospective judges. What one must note is bench of body here is not passing direct decisions to appoint judges as they will impact the potential decisions of the cases that these judges deal with. Recommending names would mean that opinions are always welcome which is an important democratic tool.
Here are the opinions on the judgement by SC.
Please do share your opinions, feedback and suggestions.