Category : UPSC / STATE PCS

APPOINTMENTS TO HIGHER JUDICIARY – COLLEGIUM SYSTEM & NJAC

The Chief Justice of India Surya Kant orally said that Supreme Court will consider the plea seeking revival of National Judicial Appointments Commission (NJAC) and end the Collegium System.  

Let’s look into the History

1993 – Collegium System of Judicial appointments came into existence by virtue of Constitution Bench Judgement.

2014 – National Judicial Appointments Commission (NJAC) Act and Constitution (99^th Amendment) Act, 2014 came into existence as a substitute of Collegium System.

2015 – A Bench declared 99^th Constitutional Amendment Act 2014 and NJAC Act 2014 as unconstitutional, reviving Collegium System.

What is Collegium System and NJAC ?

The Collegium System has its genesis from various Supreme Court Judgements –

1. First Judges Case(1982) – SC held that consultation in the process of appointment of judges does not require concurrence and it only implies exchange of views.
2. Second Judges Case (1993) – SC reverses its earlier judgement and now Consultation means concurrence. The advise tendered by CJI to President is binding and before giving such advise CJI must consult two of his senior – most colleagues.
3. Third Judges Case (1998) – The Collegium now will consists of CJI & four senior – most Judges of SC.  

The 99^th Constitutional Amendment Act of 2014, the National Judicial Appointments Commission Act replaced Collegium System. The appointment of Judges to Supreme Court & High Court will be done by National Judicial Appointments Commission (NJAC) .

However a five-Judge Bench declared 99^th Constitutional Amendment Act and NJAC Act as Unconstitutional and Void as according to Court it would hamper the independence of the Judiciary.

NJAC was a six membered body consisting of CJI, two Judges of SC, Union Law Minister and two eminent persons appointed by a committee consisting of PM, CJI & Leaded of Opposition.

(Q) What are the problems concerning of the Collegium System and can NJAC solve them? 

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