The Debate Continue – NJAC OR COLLEGIUM

by | Jun 5, 2023

The age-old debate which still continues is on the system of appointment and transfer of judges.After independence, when the constitution came into force, we were introduced with Article 124(2) which says Every SC judge should be appointed by the President after consulting judges of SC & HCs as the President deems necessary. In appointing a judge other than the chief justice, CJI must always be consulted and for High court judges we have Article 217 which states Judge of a High Court shall be appointed by the President consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court. It was a dignified calm process till 1970 but with the appointment of justice ANRay in 1973 and again in 1977 with appointment of CJI which superseded seniors his seniors his things changed and became volatile.

 

Collegium system – on effect since 1993’s second judges cases. The Collegium system recommends judges for appointment and transfer of judges. It comprises- ● Chief Justice of India. ● 4 senior most judges of SC NATIONAL Judicial Commission- It comprises ● Chief Justice of India ● Two Senior most Judges of SC ● Law Minister ● Two Eminent persons (Nominated by CJI,PM and Leader of opposition for 3 years tenure) Criticism for both the systems ● The Collegium system is regarded as the system within the system, it can give rise to nepotism, lack of transparency and as we have already seen in 1970’s it can supersede senior judges because of favouritism. ● NJAC was struck down because it was violating the basic principle of constitution i.e. separation of power between judiciary and executives and infringement of the independent working of judiciary. We need a transparent system for appointment and transfer of judges which can ensure integrity of basic principles of the constitution. Judicial independence should be the priority of the System which we should adopt. Professionalism, legal ability, experience and intelligence can be valid criteria for the selection process.

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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