Appointment of Judges and NJAC

Appointment of Judges and NJAC

Why in news : Supreme Court expressed anger over delays from the government in appointing the members suggested by the collegium.

Facts for prelims :

Appointment of Judges :

  • The judges of the Supreme Court are appointed by the
  • The chief justice is appointed by the president after consultation with such judges of Supreme Court and High Courts as he deems necessary.

Evolution of collegium system :

  • The supreme court has given different interpretation of the word ‘consulation’.
  • In the First Judges Case (1982), court said that consultation does not mean concurrence.
  • But, in the Second Judges Case (1993), the reversed its earlier stand and said that consultation refers to concurrence.

  • It means the advice tendered by the Chief Justice of India is binding on the president in appointing the judges of supreme court.
  • In the Third judges case (1998), the court opined that the consultation process should include chief justice and other plurality of judges.
  • He should consult a collegium of four senior most judges of the Supreme court.

NJAC and 99th CAA :

  • The 99th Constituional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014 have created a new system called NJAC, National Judicial Appointments Commission.
  • NJAC replaced the collegium system of appointing judges to the Supreme Court and High Court.
  • But , Supreme Court in 2015 declared both 99th Constituional Amedment Act and NJAC as
  • This case is referred as Fourth Judges case,2015.

The court said that the NJAC would affect the independence of the Judiciary.

Syllabus : prelims+mains; GS-2; Governance