Collegium System: Supreme Court Agrees To List Plea Challenging Present Collegium System For Judge’s Appointment, Revive NJAC
(Judicial Quest News Network)
Chief Justice of India DY Chandrachud on Thuesday agreed to list in due course a writ petition to reconsider the present collegium system of judicial appointments to the Supreme Court and the High Courts.
The matter was mentioned by Advocate Mathews J Nedumpara before a bench of CJI, Justice D.Y. Chandrachud, Justice Hima Kohli and Justice J.B pardiwala.
The petition sought the revival of the National Judicial Appointments Commission for NJAC, which briefly gave the government an equal role along with the judiciary in the appopintment of judges to the constitutional courts before it was struck down by the Supreme Court in 2015.
Mr.Nedumpara appearing on behalf of the the petitioner further submitted that the 2015, judgement which revivied the collegium system should be rendered void ab initio.CJI reckoned that the collegium system, which was brought about by judgement of a Constitutiton bench of the Apex Court, could be reviewed in a writ filed under Article 32 of the Constitution of India. Nonetheless, he assured the Counsel that it would be looked at and listed in due course of time.
It is futher submitted that current system of appointment and transfer of judges is a flawed one which has resulted in the denial opportunity to many who are far more meritorious and deserving but never considered for lack of familial and other connections. Petitioner having had to knock the doors of the courts for justice and having personal knowledge and experience of the deficiencies of the system, have a genuine and real stake in the instant petition seeking radical reforms in judiciary.
The petitioner further submitted that “I have been consistently making representation after representation to the Hon‟ble Prime Minister, Law Minister, as well as the leaders of the various political parties, namely, BJP, Congress, Nationalistic Congress, YSR Congress, Biju Janta Dal etc., pleading that the National Judicial Appointments Commission (NJAC) is the will of the people, the Constitution (Ninety-ninth Amendment) Act, 2014, and the National Judicial Appointments Commission (NJAC) Act, 2014, having received the unanimous assent of both houses of the parliament (except for the lone dissenting vote of Shri Ram Jethmalani) and the assent of the 21 state assemblies, that the appointment and transfer of judges which falls in the exclusive province of the legislative and executive policy, was not justiciable at all, and that therefore, it is incumbent upon the Government and the opposition to restore the NJAC and to take all such steps that are required. It may not be in the fitness of things to personally array the Prime Minister, though the same offers no legal bar”.
The plea argued that the Apex court and the High Courts will not be recognised as democratic institutions unless the talented members of the bar are appointed and that will happen only when there is an open, transparent selection process by inviting applications from all eleigible.
The main prayer of the petition is to issue a writ of mandamus or any other appropriate writ, order or direction, directing the Union of India to bring into existence such legislative or administrative measures.
The petitioner further submitted that the NJAC received the unanimous assent of both the houses of the Parliament (except for the lone dissenting vote of Shri Ram Jethmalani) and the assent of the 21states Assemblies. The appointment and transfer of judges falls in the exclusive province of the legislative and executive policy.It was not justiciable at all .Therefore it is incumbent upon the government and the opposition to restore the NJAC and to take all such steps that are required.
