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!!