The striking down of the National Judicial Appointments Commission (NJAC) and a related Constitutional Amendment Act by the Supreme Court through a 4:1 majority, thereby restoring the collegium system, has triggered fresh debate on the process of appointment of judges. The apex court has reasserted its supremacy on such matters. That the legal fraternity is polarised on the judgment bears testimony to the complexity of the entire process.
Acknowledging the flaws in the working of the collegium system, which has been criticised for its opacity, the apex court has decided to hear arguments on improving its functioning on November 3. This is a welcome move.
The court has, however, slammed the executive's role in such appointments, ignoring the fact that in the past some outstanding judges had been appointed by the executive of the day when the collegium system did not even exist.
Justice J S Khehar's contention that the presence of the law minister in the NJAC would compromise the independence of the judiciary, is an exaggerated and unfounded apprehension. The court should have taken note of the fact that the executive's exclusive powers exercised over the years to appoint chief election commissioners, election commissioners and comptroller and auditor general of India did not compromise the independent and unbiased functioning of the appointees.
As the Supreme Court has already passed the order scrapping the NJAC, one has to wait for it to improve the functioning of the collegium system by making it more transparent and accountable.
S K Choudhury, Jayanagar
Letters can be mailed, faxed or e-mailed to:
The Editor, Business Standard
Nehru House, 4 Bahadur Shah Zafar Marg
New Delhi 110 002
Fax: (011) 23720201 · E-mail: letters@bsmail.in
All letters must have a postal address and telephone number
