judicial reform :whether you favour collegium system or national judicial appointment commission

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 99^th 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.