SC declared National Judicial Appointments Commission (NJAC) unconstitutional

Correspondents say Friday’s verdict sets up a potential confrontation between the judiciary and politicians.

Law Minister DV Sadananda Gowda expressed “surprise” over the verdict, which gave a new lease of life to the replaced collegium system by “declaring it as operative”.

Legal experts, however, said that although the NJAC was against the constitution, the collegium system of appointing judges was not flawless.

“I have arrived at the conclusion, that clauses (a)the CJI, Chairperson, ex officio and (b) two other senior Judges of Supreme Court as Members, ex officio, of Article 124A(1) do not provide an adequate representation, to the judicial component in the NJAC, clauses (a) and (b) of Article 124A(1) are insufficient to preserve the primacy of the judiciary…”

He noted that the principal author of the 1993 South Carolina judgement which led to the collegium system, Justice JS Verma had also suggested a serious rethink on the collegium system and so had Justice VR Krishna Iyer.

While the Congress reacted cautiously saying that the collegium system which will now be restored is “shrouded in secrecy”, the Aam Aadmi Party (AAP) hailed the verdict terming it as a “great blow” to the NDA Government.

“The second proviso under Section 5(2) and Section 6(6) of the NJAC (National Judicial Appointments Commission) Act clearly mandate that a person nominated to be considered for appointment as a judge of the Supreme Court, and persons being considered for appointment as chief justices and judges of high courts, can not be appointed, if any two members of the NJAC do not agree to the proposal”.

Special court dismisses CBI chargesA special court on Thursday said the Central Bureau of Investigation had filed a “fabricated and false” chargesheet in the 2G spectrum case. “NJAC was completely supported by the Rajya Sabha and the Lok Sabha; it had 100 per cent support of the people”, he said when asked what will be the government’s future course of action.

The court effectively directed that henceforth appointments of judges of High Courts and Supreme Court would be made by a collegium of five/three senior judges of the Supreme Court, who would consult the government in the matter.

Till 1993, the government used to pick and choose judges for the higher judiciary, including the Supreme Court and various high courts. The government will explore conversations with other political parties given that the NJAC was enabled by a constitutional amendment, passed by a twothirds majority in both houses of Parliament and by 20 state legislatures. “I hope that today’s decision by the Supreme Court would act as a catalyst to bring about these important reforms”.

The bench revived the collegium system of appointment of judges, popularly referred to as judges-selecting-judges.

The Supreme Court in its judgement has quashed this amendment and stated that the collegium system will continue but will be modified and bettered. Admitting that the two-decade-old collegium system of appointment of judges has a few flaws, he said NJAC is not a remedy to the problem.

PRASHANT BHUSHAN, Senior South Carolina lawyer Kudos to the South Carolina for protecting judicial independence by striking down the NJAC through which the politicos wanted to control appointments of judges.