International Journal For Multidisciplinary Research

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Judicial Appointments in India: A Critical Analysis of the Collegium System and the Rejected Njac

Author(s) Prabh Vohra
Country India
Abstract In India, the selection of judges for the higher court has long been the focus of heated discussion and close examination. This study examines the nuances of the two main judicial selection processes, the National Judicial Appointments Commission (NJAC) and the Collegium system, weighing the advantages, disadvantages, and potential constitutional ramifications of each.
The 99th Constitutional Amendment, passed by the Indian Parliament in 2014, was a reaction to these worries and opened the door for the creation of the NJAC, a body that would be composed of both judicial and non-judicial members as well as representatives from the executive and civil society. The NJAC sought to preserve a precarious balance between judicial independence and executive control while bringing more openness, diversity, and public scrutiny to the judge nomination process.

This research study assesses how well these systems support the ideals of an independent, capable, and representational court by thoroughly examining pertinent constitutional provisions, judicial rulings, scholarly literature, and comparative studies. It examines the purported flaws of the Collegium system, including its claimed lack of openness, nepotism risk, and lack of a public accountability system.
On the other hand, the study looks at how the NJAC hopes to solve these shortcomings by implementing a more open-minded and collaborative judicial appointment process. It explores whether the NJAC structure is constitutionally legitimate, examining the Supreme Court's historic ruling in the Fourth Judges Case, which struck down the 99th Amendment and the NJAC Act, citing concerns over judicial independence and potential executive overreach.
The research study examines the arguments made by supporters and opponents of the NJAC critically, drawing on a range of viewpoints to illuminate the intricate relationship between the values of judicial independence, accountability, and transparency. It investigates the central query of whether the NJAC could have, given its broad membership and designed protections, effectively addressed the alleged shortcomings of the Collegium system while maintaining the essential principles of an independent and strong judiciary as outlined in the Constitution.
In the conclusion, this study aims to further the current conversation in India about constitutional governance and judicial reform. It seeks to enlighten and enhance the discussion surrounding the best procedure for appointing judges, one that strikes a careful balance between upholding judicial independence, guaranteeing accountability, and promoting public trust in the judicial system, by providing a detailed analysis of the Collegium and NJAC systems.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 2, March-April 2024
Published On 2024-04-18
Cite This Judicial Appointments in India: A Critical Analysis of the Collegium System and the Rejected Njac - Prabh Vohra - IJFMR Volume 6, Issue 2, March-April 2024. DOI 10.36948/ijfmr.2024.v06i02.17606
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