National Judicial Appointments Commission (NJAC)

National Judicial Appointments Commission (NJAC)

What was National Judicial Appointments Commission (NJAC)?

‘National Judicial Appointments Commission’ was a constitutional body proposed to replace collegium system of appointing judges in the Higher Judiciary (through 99th Constitutional Amendment Act, 2014). It was struck down by the Supreme court in 2015 on the ground that it posed a threat to the independence of the Judiciary.

What was Composition of NJAC?

• The Chief Justice of India as the ex officio Chairperson
• Two senior-most Supreme Court Judges as ex officio members
• The Union Minister of Law and Justice as ex officio member
• Two eminent persons from civil society (to be nominated by a committee consisting of the Chief Justice of India, Prime Minister of India and the Leader of Opposition in the Lok Sabha; one of the eminent persons to be nominated from SC/ST/OBC/minorities or women)

What is present system of appointment and transfer of judges?

Collegium System of appointments and transfers of various judges which has evolved through various Supreme Court Judgements. Article 124 of the constitution provides that every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose. Evolution of the System:

• First Judges Case (1981):
  It declared that the “primacy” of the CJI’s (Chief Justice of India) recommendation on judicial appointments and transfers can be refused for “cogent reasons.” In other words, it empowered Executive to reject Judicial recommendations for Judicial appointments for the next 12 years.
• Second Judges Case (1993):
  SC introduced the Collegium system, holding that “consultation” (Art 124) really means “concurrence” of judges. However, it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the SC.
• Third Judges Case (1998):
  SC on the President’s reference (Article 143) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

What comprises Collegium System?

• The SC Collegium is headed by Chief Justice of India and comprises four other senior most judges of the court.
• A High Court collegium is led by the incumbent Chief Justice and two other senior most judges of that court.

(Credits- Hindustan Times)

What are the issues with the collegium system?

• Promotes Favouritism and Nepotism in the higher Judiciary.
• Concentrates appointment and transfer powers solely in Judiciary with few checks and balances
• Opaque system raises doubts over the integrity of the process.
• No system of accountability for those placing recommendations.
• High number of vacant posts in higher judiciary due to delay in recommendations.
• Less representation of women, minorities and weaker sections.

Way forward-

Moving towards a permanent institutional body to replace collegium system should be done with sufficient safeguards so as to ensure judicial primacy, but, not judicial exclusivity

News- All got together to pass NJAC, now Open rethink : ‘need to protect judiciary’