JUDICIAL REFORM: NATIONAL JUDICIAL APPOINTMENT COMMISSION vs
COLLEGIUM SYSTEM
The constitution of India establishes a parliamentary form of
government. For the administrative convenience we can divide the power into 3
bodies known as legislature, executive, judiciary. Among them judiciary is more
accountable to the people, the people have more trust on the judiciary. For the
appointment of the judges of the High courts a collegium system were existed. But
after the 99th constitutional amendment made by the parliament a new
body was constituted known as National Judicial Appointment Commission. This
initiative from the part of the government created a new topic of debate in
India for the appointment of the judges in the High courts.
The
collegium system is one where the chief justice of India and a forum of four
senior most judges of the Supreme court recommend appointments and transfer of judges. However it has no place in the Indian constitution.
Judicial independence extends also the
stage of appointment of judges it is not enough to have scrutiny of tenure,
salary and pension. Collegium system represented by chief justice and two
senior-most judges who have powerful voice in this body. The knowledge,
expertise will help for the appointment. But at the same time it was criticized
that empire within an empire has created with the supreme court. The give and
take culture creating the rift between the haves and have-nots. While
politicians and actors get instant relief from court, the common man struggle
of years of justice.
The
National Judicial Appointments Commission (NJAC) is a constitutional body
proposed to replace the present Collegium system of appointing judges. The NJAC
was established by amending the Constitution [Constitution (Ninety-Ninth
Amendment) Act, 2014] passed by the Lok Sabha on August 13, 2014 and by the
Rajya Sabha on August 14 2014. Alongside, the Parliament also passed the National
Judicial Appointments Commission Act, 2014, to regulate the NJAC’s functions.
Both Bills were ratified by 16 of the State legislatures and the President gave
his assent on December 31, 2014. The NJAC Act and the Constitutional Amendment
Act came into force from April 13, 2015. It will consist of six people — the
Chief Justice of India, the two most senior judges of the Supreme Court, the
Law Minister, and two ‘eminent persons’. These eminent persons are to be
nominated for a three-year term by a committee consisting of the Chief Justice,
the Prime Minister, and the Leader of the Opposition in the Lok Sabha, and are
not eligible for re-nomination The judiciary representatives in the NJAC -- the
Chief Justice and two senior-most judges – can veto any name proposed for
appointment to a judicial post if they do not approve of it. Once a proposal is
vetoed, it cannot be revived. At the same time, the judges require the support
of other members of the commission to get a name through. The Supreme Court
rejected the National Judicial Appointments Commission (NJAC) Act and the 99th
Constitutional Amendment which sought to give politicians and civil society a
final say in the appointment of judges to the highest courts.
