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National Judicial Appointment Commission (NJAC): Time to Revisit its Sanctity
Dr. B.R. Ambedkar had said that "There can be no difference of opinion in the House that our judiciary must be both independent of the executive as well as competent. However, the question is how these two objects can be secured".
Since independence, the judiciary went through various ups and downs, attacks and skirmishes. However, it has survived every attempt which aimed to destroy its autonomy. It only grew stronger after the emergency when it had become a mere puppet in the hands of the government. The collegium system established the complete autonomy of the judiciary.
But in 2014, the parliament almost unanimously passed the National Judicial Appointment Committee Act. They have accorded a major role to the executive in appointing judges to the higher judiciary. The NJAC was perceived by some in the legal fraternity as an attempt to interfere with the independence of the judiciary. The apex court had on 16 October 2015, struck down the NJAC Act 2014 which was supposed to replace the 22-year-old collegium system of judges appointing judges.
A fresh plea claiming the previous decision as “unconstitutional and void” has come before the Apex Court. The court has decided to hear the case in March.
The Apex court is already under great trouble due to the judges’ controversy when four SC judges didn’t shy away from going out in public to declare that all is not going well in the supreme institution of the judiciary. The new plea will only act as fuel to the fire. Justice J Chelameswar had upheld the validity of the constitution amendment law and was the only one of the five judges bench to do so. He is currently on the forefront on the attack against the CJI.
With so much chaos and uncertainty within the Supreme Court, this plea is only going to further increase the problems. The outcomes of this matter will decide the future of the Indian judiciary and could possibly become a benchmark case in judicial history.
