Judicial Appointments Row Rekindled: NJAC Debate Resurfaces Amid Cash Scandal

(Source – Indian Express, Section – Explained, Page – 14)

Analysis of the news:

What is the collegium system in the Indian judiciary?

• The Collegium system is a system for the appointment and transfer of judges in the Supreme Court and High Court.

• It is not rooted in the Constitution. Instead, it has evolved through judgments of the Supreme Court.

• Under the system, the Chief Justice of India (CJI), along with four senior-most Supreme Court judges, recommends the appointment and transfer of judges.

• A High Court Collegium, meanwhile, is led by the incumbent Chief Justice and the two senior most judges of that court.

• The government can also raise objections and seek clarifications regarding the Collegium’s choices, but if the Collegium reiterates the same names, the government is bound to appoint them to the post.

Evolution of Judicial Appointments

• Initially, the executive appointed judges until the 1970s when political interference led to changes.

• The collegium system, established through Supreme Court rulings, granted primacy to the judiciary in appointments.

• This system remains in place despite criticisms of opacity and lack of accountability.

The NJAC Reform Attempt

• In 2014, Parliament passed the 99th Constitutional Amendment and NJAC Act to replace the collegium system with a commission comprising judges, government representatives, and civil society members.

• The Act received bipartisan support but was struck down by the Supreme Court in 2015 for violating the “basic structure” doctrine by undermining judicial independence.

Challenges and Criticism

• The Supreme Court objected to the veto power granted to non-judicial members, arguing it could undermine judicial primacy.

• Critics of the collegium system argue that the judiciary lacks transparency, while supporters emphasize the need to safeguard judicial independence from political influence.

Conclusion

• Experts suggest modifications, such as granting the Chief Justice of India a casting vote, to ensure judicial predominance while enhancing accountability.

• A balanced approach that addresses concerns of both the judiciary and the executive may lead to a more transparent and effective appointment system.