Set up a National Judicial Commission for the appointment of judges in higher judiciary

Set up a National Judicial Commission for the appointment of judges in higher judiciary

NJAC vs collegium: the debate decoded

|The Hindu|Full Article

The Supreme Court rejected the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment which sought to give politicians and civil society a final say in the appointment of judges to the highest courts. Here is what you need to know about the row:

What is the NJAC?

The National Judicial Appointments Commission (NJAC) is a constitutional body proposed to replace the present Collegium system of appointing judges.

What is the Collegium system?

The Collegium system is one where the Chief Justice of India and a forum of four senior-most judges of the Supreme Court recommend appointments and transfers of judges. However, it has no place in the Indian Constitution. The system was evolved through Supreme Court judgments in the >Three Judges Cases (October 28, 1998)

Why is Collegium system being criticised?

The >Central government has criticised it saying it has created an imperium in imperio (empire within an empire) within the Supreme Court.

The Supreme Court Bar Association has blamed it for creating a “give-and-take” culture, creating a rift between the haves and have-nots. >“While politicians and actors get instant relief from courts, the common man struggles for years for justice.”

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Source: 
www.bjp.org/manifesto2014