Post on 12-Apr-2017
NATIONAL JUDICIAL APPOINTMENTS COMMISSION
VS
THE COLLEGIUM SYSTEM
Prepared By:Adrija SahaDeepti VermaMiral ShahRohan BharajTushar Bengani
History of the Collegium System
Articles 124, 217 and 222 of the Indian Constitution provide that the executive (the Prime Minister, Council of Ministers, and President) must consult with justices from the Supreme Court and state high courts, along with other constitutional functionaries at the state level, in judicial appointments and transfers.
During the 1970s, following a series of decisions challenging the policies and power of Indira Gandhi's government, the government politicized the appointment process by effectively packing the court and attacking its power, culminating in the emergency rule period (1975-1977).
Three Judges Case
S. P. Gupta v. Union of India – 1981
(Judges’ Transfer Case)
Supreme Court Advocates-on
Record Association vs Union of India -
1993
In re Special Reference 1 of 1998
COLLEGIUM SYSTEM
Chief Justice of India
4 Senior Judges of Supreme
Court
Chief Justice of high court
COMPOSITION OF COLLEGIUM SYSTEM
National Judicial Appointments Commission
Established through 99th constitution amendment.
Responsible for the appointment and transfer of judges to the higher judiciary in India
NJAC Bill and Constitutional Amendment Bill ratified by 16 of the state legislatures.Assented by President of India Pranab Mukherjee on 31st December 2014
NJAC Act and Constitutional Amendment Act came into force from 13 April 2015
Composition of NJAC
NJAC
Chief Justice of
India
Two senior judges of Supreme
Court
Union Minister of
Law and Justice
Two eminent persons
EXECUTIVE VS
JUDICIARY
LETS DEBATE!!!
Points in favour of NJAC
Will bring in Transparency in selection
Will bring in Accountability
Will stop growing corruption and nepotism in
selection
Faster Appointments
Points in against of NJAC
Does not guarantee the best selection
Government is the biggest litigant
Article 124C
Veto power
Points in favour of NJAC
Unbiased decision
Focus on aspects other than technical competency
Parliament deals with the citizens, not Judiciary
Absolute independence of the Judiciary is a threat
NJAC passed by majority
Points in against of NJAC
Why 6 members?
Definition of eminent person
NJAC Act illegal
Lack of Judicial independence
Why not improve the Collegium system
Our view…
The committee should include:
• Representative from the Government• Member of Opposition party• Chief Justice of India• Head of Bar Council of India• Academician• Representative of civil society
Final say should be of the JudiciaryThis method is followed in countries such as South Africa, Australia and Canada and has proved to be very effective
The Court is adjourned!!