The Supreme Court had struck the NJAC Act and the Constitution (99th Amendment) Act, 2014, leading to the revival of the collegium system of appointment of judges. The NJAC was perceived by some in the legal fraternity as an attempt to interfere with the independence of judiciary.
Sober reflection will lead to the conclusion that the predominant role may belong to the Chief Justice of India (and the collegium), but there must be checks and balances and the Executive also must have a role.
During the hearing of the bunch of petitions challenging the constitutionality of the National Judicial Appointments Commission (NJAC), Attorney General Mukul Rohatgi had told the five-judge Bench of the Supreme Court that the collegium system was “dead and buried forever”, and wouldn’t be revived even if the Bench quashed the NJAC. Last week, the Bench […]