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To review the Collegium system and revive NJAC

  • Category
    Polity & Governance
  • Published
    26th Nov, 2022

Context

The Chief Justice of India agreed to reconsider the Collegium system  and the revival of the National Judicial Appointment Commission (NJAC) for judicial appointments to the Supreme Court and the High Courts.

The National Judicial Appointment Commission:

  • Appointment of CJI: It provided for the CJI's appointment along with those of the judges for the Supreme Court and HC's Chief Justice judges.
  • The commission shall comprise the following members;
  • The Chief Justice of India (ex-officio, Chairperson of the NJAC)
  • Two senior Supreme Court judges (ex-officio)
  • The Union Minister of Law and Justice (ex-officio)
  • Two eminent persons who are to be nominated by a committee comprising of the CJI, the Prime Minister of India and the Leader of opposition in the Lok Sabha or where there is no such Leader of Opposition, then, the Leader of the single largest Opposition Party in Lok Sabha).
  • One person to be from the Scheduled Castes/Scheduled Tribes/OBC/Minority/Woman.
  • Term of the service: No re-nomination after having served a term of 3 years.

What are the arguments in support of NJAC?

  • NJAC Act ends the opaque mechanism and ensures transparency and accountabilitywithin the collegium system.
  • NJAC Act brings integritybetween the judiciary and executive and makes it all-inclusive.
  • Involvement of the Government and people from other background can make the appointment more diverse and with a real perspective.
  • Issues of Minorities, SCs, STs and Women will also be given preference. It can also lead to more Women Judges in the higher decision-making system.
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