Article 124 of the constitution of india deals with judicial appointments. The njac act and the amendment leave the power of judicial appointments, in the hands. Here we are discussing the debate between the efficacy of collegium and njac. Subsequent ratification of 20 states was also obtained and it seemed that the collegium was history.
Insurance department of banking and insurance office of consumer protection services acceptance, renewal, nonrenewal and cancellation of automobile insurance policies standards for nonrenewal. Mar 11, 2015 national judicial appointments commission passed by the lok sabha on august 2014 and by the rajya sabha on 14 august 2014. The njac act provides for the procedure to be followed by njac for recommending persons for appointment and transfer of chief justice of india and other judges of supreme court. Appointments commission njac is a constitutional body proposed to. Why the collegium system needs to go on business standard. Why njac is better than the collegium system politics r jagannathan aug 16, 2014 10.
Shreeja sen, supreme court identifies four ways to improve collegium system, live mint, november 4, 2015 1 art 124, constitution of india 2 art 217, constitution of india 3 air1982sc149. Parliament can always fix what is broken, but right now it is the collegium system that is. In a bid to reform the judicial system, parliament of india amended the constitution and brought about the 99th amendment to provide for the njac after the new government came to power. Does it exist independently of humans, being part of the very fabric of the universe. Legal a critique alert tact, 2014 hereinafter called the. Collegium as a method of selecting judges racolb legal. Njac a mix of executive and judiciary njac is a blend of executive and judiciary rather than a system whereby only judges appointed judges in the collegium system 3. Njac njac sc strikes down njac act and 99th caa as unconstitutional and collegium system as it existed before, will become operative again models in other countries. Lets understand the collegium and njac system of appointing and transferring the judges. Why effective shortlisting will be the key india r jagannathan aug 18, 2014 11.
Njac is commited to advocating for legislation, regulations, and policy directives that empower county governments to operate more effectively and efficiently. The national judicial appointments commission njac is a constitutional body proposed to replace the present collegium system of appointing judges. The credibility of both systems must be kept in check. Union of india, decided on 25 august 2014, writ petition c no.
The arguments and counterarguments, business standard, october 16, 2015. The ruckus over appointments of justice dinesh maheshwari, former chief justice of the karnataka high court and justice sanjiv khanna, former judge of the delhi high court, to the supreme court makes me. 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 appointm. As a nonpartisan organization that represents the only true regional form of government in the state with a unified and proactive voice, njac is committed to advancing innovative. The collegium system is one where a group of judges select judges for high courts and the supreme court. Rafael nunez associate professor at department of cognitive science, university of california, san diego what is the nature of mathematics. The njac bill and the constitutional amendment bill, was ratified by 16 of the state. This led to the 99th constitutional amendment act, 2014 the national judicial commission act njac to replace the collegium system for the appointment of judges. Njac act and the 99th constitutional which sought to give politicians and civil society a final say in the appointment of judges to the highest courts. Collegium system, judges, judicial appointments, njac, supreme court. The njac would have replaced the collegium system for the appointment of. National judicial appointments commission njac was a proposed body which would have. The supreme court on friday struck down the njac act and opted for the collegium s.
Questions have been raised regarding the collegium system being opaque and the fact that judges get appointed within 4 walls of collegium without any transparency. The system has a twomember veto power enabling any two of the consisting members to veto the decision of the rest if the decision stands ill with their ideal pick for a judge. Collegium system and njac for appointment of judges upsc. Njac act is poorly and loosely drafted which has nothing to do with. The alternative to the collegium system was originally articles 124 supreme court and 217 high court of the constitution. The validity of article 124 a, which basically did away with the collegium, replacing it with the njac, is. The collegium system has been criticized for its impracticality and opaqueness and improper implementation. Through njac government is trying to interfere or monitor the independence judiciary. Xx, september 5, 2017 new jersey state housing code 5. Even the supreme court at the end of the njac judgment has asked for views to improve the current collegium system.
It is instrumental in giving a proper mould to the social structure of any country. Provided that a member of the commission whose name is being considered for recommendation shall not participate in. Will the collegium revive itself if the supreme court voids the njac. The supreme court on friday quashed the national judicial appointments commission njac act and also declared the 99th amendment to replace the collegium system unconstitutional. Is njac eminent enough to replace the collegium system. Supreme court strikes down njac act as flawed, says collegium system more transparent the supreme court struck down the narendra modi governments bid to give the executive a greater say in the selection of judges. Pdf is a judicial appointments commission violative of the. The constitution bench of the supreme court declared national judicial commission njac unconstitutional as it violates basic structure of.
The collegium system faced a lot of criticism not only from the government but also from civil society due to its lack of transparency and accountability. It restored the twodecadeold collegium system of judges appointing judges in the higher judiciary. Ananth balaji1 the process of appointment of judges to the superior courts is possibly the best kept secret of the country justice ruma pal introduction the system of appointment of judges has always been an area of confusion and controversy. Instructors will provide modifications and alternatives during classes to meet all members needs. This has been now referred to as fourth judge case. With the 99 th amendment, a national judicial appointment commission njac was set up which gave some power for the selection of judges to the executive as well. But the following developments in this regard are note worthy. System and national judicial appointments commission njac. Its very early to stereotype njac into the good, bad or the ugly it may be the case that sc strikes down the law on basis of unconstitutionality violating doctrine of separation of power.
Collegium is a system under which the decisions related to appointment and transfer of the judges are taken by a body consisting of chief justice of india, four senior most judges of the supreme court. To conclude it may be said, that the njac, may be a step ahead of the collegium system in terms of judicial. The advice of the two eminent persons postulated by the njac is no longer required. In direct reference to these flaws, the njacb, 2014 is littered with words such as ability and merit. Njac law and upheld the twodecadesold collegium system of judges appointing judges, justice chelameswars. The sc in the njac judgment formulated four areas in which the collegium system could improve so as to make it more efficacious. An expansion of its jurisdiction while restricting the process of appointment to itself does not behoove well. The national judicial appointments commission may be an option. This included transparency, an eligibility criteria, a secretariat to assist the collegium and dealing with complaints against persons being considered for appointment. Union of india 1981 supp scc 87, majority took the view that the opinion of chief justice of india does not have primacy in the matter of appointment of judges of the supreme court and the high courts, and that the primacy lay with the central government. Jun, 2015 however, there is no doubt the collegium system has developed serious flaws.
National judicial appointment commission act 2014 submitted by e. Supreme court will rule today apart from the merits of njac, the bench will also give its findings on referring the issue to a larger bench and the question of recusal of judges who may become exofficio members of the njac in future. Njac case where the majority opinion was to scrap it. Apart from these drawbacks of the collegium system which the njac act fails to overcome, it has several loopholes and infirmities of its own. Latest current affairs and news current affairs today. Which system exists in judicial system currently njac or. No question syllabus t opic source analysis 3 simultaneous election to the lok sabha and the state assemblies will limit the amount of time and money. Njac premature supreme court advocate on record association vs. Oct 16, 2015 sc chooses collegium over njac, but what was the debate all about. Njac vs collegium supreme court of india supreme courts. Forget njac or collegium, the judiciary is sinking under the burden of pending cases. The appointment and rejection of judges through the collegium system had been marred by personal preferences and rivalries of those selectingappointing the. National judicial appointments commission bill, 2014 pdf. The supreme court rejected the national judicial appointments commission njac act and the 99th constitutional amendment which sought.
Chelameswar listed a number of cases where the collegium had failed, and concluded in his dissent. Govt seeks participatory role in judicial appointments. Collegium recommends three judges of calcutta high court be made permanent. My fight is for transparency, says justice chelameswar. The njac may not be the best thing to happen to judicial appointments, but it is a darn sight better than the opaque collegium system. Njac reserves the right to cancel classes if class attendance averages less than 10 participants. In these twilight days of the collegium, the fate of the judiciarys independence might finally turn on a case that the. Khehar had revived the collegium after declaring the governments njac law unconstitutional. Forget njac or collegium, the judiciary is sinking under. The njac act and the 99th constitutional amendment act came into force on april 2015. With national judicial appointments commission or njac came yet another system full of doubts, debates and petitions against it. Oct 16, 2015 i have concluded, that sections 5, 6 and 8 of the njac act are ultra vires the provisions of the constitution.
Which system for appointment of judges is better, the old. Judicial appointments with emphasis on indias njac model prerna tara student, ms. As of now, no certain answer to these queries can be found. Act, 2005 would be applicable to the njac, could be revealed after the njac act comes into full effect and the regulations and rules thereunder are formulated. Collegium system of appointing judges complete details. Otherwise, the goal of judicial reform and adjudication of pending cases will not be. Welcome to the collegium on college teaching practice, an annual event presented as a collaboration among academic affairs, cettl, ucos faculty, and uco staff who work with faculty to assist them in teaching their students. The most successful group fitness program in history, bodypump is a 4560 minute class using barbells and adjustable weights to tone and condition muscles while raising metabolic rate for rapid fatburning. Nevertheless, by striking down the njac and 99th constitution. Collegiums actions show that the njac which was struck. But the supreme court declared the amendment act as unconstitutional with a majority 41 judgment. Participation of civil society stakeholders eminent persons from civil society with expertise in the matter can also be included for the selection of judges as per njac. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext.
Supreme court strikes down njac act as flawed, says. The national judicial appointments commission njac is a constitutional body proposed to rep. The bill scraps the collegium system of appointment of judges of supreme court. Judiciary is one of the main pillars of the nation in a democratic country. Collegium is penning down its views and the decisions of the collegium are being made. There was recently a landmark judgement which declared the national judicial appointment commission unconstitutional. Dwelling means the house, apartment or other residential unit that is the permanent place of. Anil divan, senior advocate the manner in which the bill is structured gives complete dominance to the executive and the legislature and i will tell you why. Collegium system which was followed till last year evolved through a series of cases.
My fight is for transparency, says justice chelameswar krishnadas rajagopal. Njac vs collegium what best serves the indian people. What is the national judicial appointment commission njac. Constitutionality of njac is not perfect governing body to select appointments of judges of supreme court, high court and transfer of high court judges. Judicial independence and collegium system in india international. National judicial appointments commission act, 2014 40 of 2014 pdf. May 15, 2015 there were several documents published by courts from different states in pdf files or merely as display on computer screens. Therefore, the government argued that the njac will bring an end to this problem of the collegium system and will strengthen the independence of. The arguments and counterarguments on business standard. Will the collegium revive itself if the supreme court voids. Page 8 njac committee assignments michael schiller conference committee brendan w. Constitutional bench refused to refer the matter to a larger bench.
Constitutionality of njac and replace collegium system. Section 5 and 6 deal with recommendations for the chief justice of india as. Collegium lost its legitimacy njac was seen as a means of ensuring credible and impartial appointment with the absolute secrecy characterising its functioning as opposed to the biased collegium system. Business standard compares the two system of appointment of judges by continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Sc chooses collegium over njac, but what was the debate all. But in that case, it could be by judges who are not part of the collegium as of today or, if an njac is to be constituted today, could be a member thereof. His lordship will be a member of the njac if it is constituted today. National judicial appointments commission njac was a proposed body which would have been responsible for the appointment and transfer of judges to the higher judiciary in india.
Oct 16, 2015 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 appointm. In this blogpost, haridya iyengar, a student of iiird year, jindal global law school, makes a critical analysis of the njac judgment and the need to introduce a more transparent system unlike the collegiums system which has its own flaws. Collegium helveticum, schmelzbergstrasse 25, 8006 zurich ph. The njac replaced the collegium system for the appointment of judges.
The constitution ninetyninth amendment act, 2014 sought to replace the collegium system with the national judicial appointments commission njac. The njac act provides for the procedure to be followed by njac for recommending persons for appointment and transfer of chief justice of india and other judges of supreme court sc and chief justice and other judges of high courts hc 3. In this lesson, roman has covered one needs to know about the collegium system of indian judiciary, its evolution and current status. Todays program has been developed with the assistance of many of your colleagues, and the nine.
With indications that the government may consider returning the collegiums recommendation to elevate uttarakhand high court chief justice k m joseph to the supreme court, sources have told the indian express that if this happens the collegium proposes to send the name right back for the issuance of the presidential warrant. The national democratic alliance government at the centre had passed the njac bill to remove the twodecadeold collegium system, where a group of judges decided who would be judges in the supreme court sc and high courts. Collegium system of appointing judges, there has been a lot of discussion and debates on collegium system of appointing the judges. Although no other country in the world leaves judicial appointment solely to the. The two members of the njac can override the opinion of the other four and stall the recommendation. Brief note on constitutional provisions relating to. The njac as compared to the collegium system was to give out more transparency. It found 99th constitutional amendment act and the njac act 2014 as unconstitutional and void. Njac a mix of executive and judiciary njac is a blend of executive and judiciary rather than a system whereby only judges appointed. 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. For everyone that opposed the collegium system for being opaque, all they wanted was a more transparent system of judicial appointment. Apr 14, 2020 collegium system of appointing judges 1. With utmost respect, honble shri justice dave is a member of the collegium.
There is an argument that njac is unconstitutional or void in some extend. Hindi indian polity by md tabish hasan unacademy plus. National judicial appointments commission wikipedia. The apex court has said that the njac will affect the independence of the judiciary. University of central oklahoma center for excellence in. With the expected enactment of the national judicial appointments commission 15 states have to pass this before it can become law since one of the bills is a constitutional amendment, the issue is whether the njac can do its. The supreme court quashed the national judicial appointments commission recently, calling it unconstitutional. The supreme court on friday struck down national judicial appointments council njac as unconstitutional. India, two other senior justices, the union minister of law and jus tice, and two. The constitutionality of the njac act and the 121st constitutional amendment is a subject of concern. The official njac for new jersey athletic conference. Collegiums actions show that the njac which was struck down four years ago is back, with a vengeance it seems to me that the unconstitutional njac is rearing its head and is now frankensteins monster. The bench then went on to invite public opinion on ways to improve the opaque collegium system of judicial appointments.
1115 73 67 53 1459 743 100 1127 930 684 1060 425 380 323 962 688 842 286 1158 515 803 590 1333 899 629 362 389 903 365 992 822 1291 29 520 738 668 18 1267 880 346 216 99