Political Class Unites Against Collegium System Of Judicial Appointments
By A Special Correspondent
First publised on 2021-12-10 07:30:22
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The collegium system of judicial appointments, started in 1993 by a judicial fiat, is opaque and also raises issues of conflict of interest as almost nowhere in the world do judges appoint fellow judges. The government had tried to change this in 2015 by bringing in the National Judicial Appointments Commission (NJAC) Act through a constitutional amendment but it was declared unconstitutional by the Supreme Court. Most experts agree that the solution for judicial appointments lies somewhere in between. An alternative has to be found to the collegium system without making the executive have an overbearing presence in the new system.
MPs in Lok Sabha, cutting across party lines, pressed for change and asked the government to revive the NJAC Bill. But the NJAC Act as passed the last time was also not perfect. It had provided for a six-member NJAC with the CJI as the chairperson, two seniormost judges of the Supreme Court, the Union law minister and two eminent citizens. There was nothing wrong with the composition except the fact that the selection of eminent citizens (to be done by a panel comprising the CJI, the Prime Minister and the leader of the opposition)would raise hackles in these polarized times especially as another clause prescribed that a veto from any two members could block an appointment. The government must hold consultations, even with the judiciary if required, to fine tune the bill if it is to be reintroduced.
Although Law minister Kiren Rijiju did not make any statement regarding the reintroduction of the NJAC Bill, it is clear that with the political class, cutting around party lines, veering around to the view that the collegium system must go, an attempt to reintroduce it will be made sooner rather than later. But the government must make sure that it is done the right way and the Supreme Court does not find fault and nix it again. Or else, more alternatives should be explored and discussed.
