Independence of Judiciary vs. the NJAC

Independence of Judiciary_ImageIndependence of judiciary is in the very essence of our constitution, this also is a pre-requisite for safeguarding the democracy against not-always-just political intentions, which many a time are driven by the greed to extract maximum out the constitutional setup, even if that demands arbitrary amendments to this supreme of the land. Had there been a political/ executive touch in the judiciary, the forty-second amendment to the constitution that struck down powers of the Supreme Court to a catastrophic extent and such other politically motivated stands would have stripped us of our fundamental rights and shifted the sovereignty exclusively to the parliament. Now that the fight of justifying the National Judicial Appointments Commissions Act 2014 and the ills of the collegium system has landed up in the Apex Court, it is more than warranted that the parties to the case consider this as not being ‘exclusive judiciary’ or ‘exclusive legislature’, but from the perspective of the makers of the constitution.

This isn’t for the first time that appointment of constitutional courts’ judges through the creation of the collegium has become a victim of unwanted controversy. To steer clear of the executive and legislature with respect to appointments in the judiciary, the court evolved this system, which however, does not find place in the constitution of 1950 or any subsequent amendments; we all know how the weapon of ‘partially rigid and partially flexible’ system for amending the constitution was exploited by previous governments from time to time, placing supremacy of the original constitution at stake. Ever since the ‘opinion’ of the Supreme Court given in the Third Judges Case, the system has been criticized by jurists and legal experts, even by the then President of India. It is often claimed that lobbying has become an inevitable part of the judiciary in post-collegium era, and judges, rather than lessening the burden of ever-high pending cases, secure a position by winning over the collegium members; let us not then also question the evident lobbying deep-rooted in all government functioning, from selection and transfer of ministers to placement of bureaucrats; should then the judiciary not step in to curb such ‘biased decisions’, would then the governments accept such infringement of their ‘exclusive’ rights as are in the constitution?

But the defending of the NJAC in the ongoing Supreme Court hearings has turned into a bitter fight where the hearing bench of five judges has presumed the role of a party to the case, more because they have been compelled so, and the Attorney General has been asked to put up evidences that show inadequacy of collegium. The opaque collegium, as is named by its sheer opponents, certainly has some flaws as far as it allows ‘judges appointing judges’, which in the very verbatim tone indicates prevalence of favor in some if not all appointments. This, however, cannot render righteousness to the NJAC where the executive and even persons from outside the field of judiciary and legislature may relish the opportunity of appointing judges. It can be agreed that the concept of collegium appointments in its entirety may not be exceedingly transparent; hence the composition of collegium to make it more transparent and the consultation broad-based, as advocated by former CJI Justice Sathasivam, can be deliberated upon, putting this ongoing and unwanted ruckus to a shrewd end.

As said earlier, why not peruse this subject with the eyes and intent of constitution makers who made ‘independence of judiciary’ the spirit of this supreme law, and even we, having preserved our rights by timely interventions of courts and through doctrine of basic structure that enables judicial review of any of the government’s move, must advocate stringent non-interference of legislature and executive in judicial machinery. Let not a day arrive when the courts of India become a power in the hands of political men, who are free to exploit it for their own good, let not the era of ‘Indira Constitution’ be resuscitated. Powers to executive, though with eminent jurists, will defeat the soul of the constitution; also, we do not want delays in the appointment of judges as is seen in crucial appointments, for say heads of PSUs and CPSEs and of CVC and CIC.

‘Appointment’, be it of the judge of the constitutional court, or of ministers assisting the Prime Minister/ Chief Minister, or in any other office, which is directly or indirectly accountable to the public at large, shall not be the prerogative of an individual/ cluster that can be influenced. But, putting this system to end is improbable, since any agency/ system in place for appointments will comprise of persons and such persons, whether independent or from within the cluster, can never be immune from influences. Nevertheless, what happens with bureaucrats and the CBI cannot be made a scenario in the Indian judicial setup, which is the savior of our constitutional setup. Many High Courts are awaiting appointment of Chief Justice and also worrying is the vacancy in offices of high court judges; resolution of NJAC vs. Collegium issue will not only pave way for such appointments but will also speed up justice for the common man. Fight must be brought to such an end that neither the independence of judiciary gets compromised nor does this become an ego conflict between judiciary and government; most judicious is to rework flaws of the collegium and let the judiciary remain a sovereign domain.

91 thoughts on “Independence of Judiciary vs. the NJAC

  1. Chetan Chhabra

    If judiciary and parliament will have no common thought process for selection of judges it will be very difficult to preserve our democracy.
    Problem is that nobody wants to bend.

    Reply
  2. Ashish Patil

    You say lobbying exists everywhere which is almost right but should lobbying be allowed in judiciary?
    I am confident that you answer will be no so the answer is clear- NJAC to be implemented soon.

    Reply
  3. Vignesh Ganesh

    Only on few occasions you will see all political parties on one stand.
    Like when RTI for political parties was considered or exclusion of criminals from parliament.
    This is same case when all political leaders want influene in judiciary.

    Reply
  4. Daniel Challam

    You have not mentioned the way of removal of judges of high court and supreme court.
    Even in this parliament can take action in cases of misuse of office by judge.
    Then why not in appointment boss?

    Reply
  5. Shikhar kumar singh

    Attorney General has said that even if NJAC is not cleared by court,
    collegium will not be applicable for future appointments.
    This means that we will have no judges in HCs and SC.
    Take some immediate action.

    Reply
  6. Anjali Negi

    Ugly battle, not warranted. Petitioners against NJAC Act should take back the petition or the bench should scrap it.

    Reply
  7. praveen kumar

    The team to be composed under NJAC will have the chief justice and also eminent jurists,
    which is the matter of worry because these jurists will act on the orders of their political masters.
    NJAC is unconstitutional.

    Reply
  8. CS Shishir Dudeja

    What constitution? They have changed it so many times to suit their needs.
    Then they add any law in the ninth schedule where courts have no say.
    Constitution has very limited power now.

    Reply
  9. Vikrant Naik

    Don’t criticise judicial appointment commission.
    If there is any weakness in this system judiciary should raise concern but in its entirety
    NJAC can never be scrapped. Wait and see the same.

    Reply
  10. abhishek kumar

    See what ever they do they should atleast make appointments transparent and quick.
    This problem is going on since 1990s and cases in judiciary are getting piled up.

    Reply
  11. Akshay Kumar

    I do agree with all the ideas you have offered on your post. They are very convincing and can definitely work. Thank you for the post.

    Reply
  12. Devranjan Dash

    When the appointment of the very wings that investigate is done by representative of people then why not Judicial appointments through a panel including all the arms of constitution also the basic assumption that a judge is better placed to appoint a fellow judge is deeply flawed as it amounts to authority without accountability…

    Reply
  13. cute rinku

    I visit daily a few web sites and sites to read articles or reviews, however this blog provides feature based articles.

    Reply
  14. Santosh Shah

    it is an amazing piece of writing designed for all the online visitors. they will get benefit from it I am sure.

    Reply
  15. edwin ross

    It is hard to find experienced people for this subject, but you seem like you know what you are talking about.

    Reply
  16. Vandita

    An exciting discussion is worth comment. I believe that you really should write a lot more on this subject, it may well not be a taboo topic but usually people aren’t enough to speak on such topics. Towards the subsequent. Cheers

    Reply
  17. J Gowtham

    I wish to state my complements to the hard work you have done to incorporate so much of detail about every information.

    Reply
  18. Emin Afroz

    These are in fact enormous ideas in concerning blogging.
    You have touched some nice things here. Any way keep up writing.

    Reply
  19. Priyanka jyotsi

    I just want to say I am just all new to blogging and site-building and absolutely enjoyed this web site. Likely I want to bookmark your site . You actually come with amazing writings. Bless you for sharing your web page.

    Reply
  20. Pradeep Deva

    it is very straightforward to find out any topic on net as compared to books, as I found this article at this web site.

    Reply
  21. Marilee

    I was very happy to search out this internet-site.I wished to thanks for your time for this glorious read!! I definitely having fun with each little little bit of it and I have you bookmarked to check out new stuff you blog post.

    Reply
  22. Dev Jayakrishnan

    it is actually a nice and helpful piece of information. I am satisfied that you just shared this helpful info with us. Please keep us informed like this.

    Reply
  23. Desi Gamer

    Just finished reading your article and wanted to congratulate you on your compelling abilities. Good luck for the future work.

    Reply
  24. DARLY MANUEL

    Hurrah, that is what I was seeking for, what a material. present here at this web site, thanks Dr gupta for this post.

    Reply
  25. andrew

    There are certainly a number of details like that to take into consideration. That may be a nice point to carry up. I supply the ideas above as basic inspiration however clearly there are questions just like the one you bring up where a very powerful thing shall be working in trustworthy good faith. I don?t know if best practices have emerged round things like that, but I’m certain that your job is clearly identified as a good game. Each girls and boys feel the impact of just a second’s pleasure, for the remainder of their lives.

    Reply
  26. Nishchal jha

    I appreciate you finding the time and effort to put this information together.
    I once again find myself personally spending a significant amount of time both reading and commenting.

    Reply
  27. Aniket malawade

    You definitely put a fresh spin on a subject that is been discussed for years. Wonderful stuff, just excellent.

    Reply
  28. kamal soni

    I just want to mention I am all new to weblog and truly savored this blog site.
    Likely I want to bookmark your blog . You actually have terrific articles.
    With thanks for sharing with us your web site.

    Reply
  29. vijay chakkaravarthy

    I am genuinely glad to glance at this webpage posts which consists of tons of useful facts, thanks for providing such statistics.

    Reply
  30. Dipanjan Das

    I really like what you have acquired here, really like what You are saying and the way in which you say it.
    You make it enjoyable and you still care for to keep it smart.

    Reply
  31. allwyn thomas

    Thank you for the introduction to the new website. I will be re-visiting it many times, but on a fast run-through it looks really great.

    Reply
  32. susanmoy paul

    Way cool. Some extremely valid points. I appreciate you penning this post and the rest of the website is really good.

    Reply
  33. Kameshwar Choppella

    Your write-up is really amazing and it must reach to most of the people all over the world.

    Reply
  34. Jhalak Rakesh

    What I have seen so far is brilliant and everyone involved should be congratulated. I can see me spending the rest of the evening perusing the site. Just when I thought I would like an early night.

    Reply
  35. Kamal singh

    Hi there to all, how is the whole thing, I think every one is getting more from this web site, and your views are pleasant designed for new users.

    Reply
  36. Janani rai

    Very great post. I simply stumbled upon your weblog and wanted to say that I have really loved browsing your weblog posts. In any case I will be subscribing on your rss feed and I hope you write once more very soon.

    Reply
  37. Govindaswamy Joshi

    Way cool. Some extremely valid points. I appreciate you writing this post plus the rest of the website is really good.

    Reply
  38. Rahul Jhawar

    You seem to be blessed with a perfect blend of good vocabulary and good writing. Thoroughly admired your work.

    Reply
  39. KANISHK JAISWAL

    I recently had a good fortune of reading your article it is really well written with updated information. I will be returning here often now.

    Reply
  40. Heera Jadhav

    Hello, its my first time to commenting any post. But I could not stop myself from commenting on reading through such a sensible piece of writing.

    Reply
  41. Suresh Gopalraj

    I am regular visitor, how are you everybody. This post posted at this web page is really pleasant.

    Reply
  42. Vartika Goel

    The site looks absolutely fantastic. Well done to all involved. Very professional & the navigation is great too. Cheers.

    Reply
  43. Akshay Harale

    Great article. Keep writing such kind of information on your site. Im really impressed by your blog.

    Reply
  44. peter chris

    I just had to drop you a line to let you know that John and I think that the website is BRILLIANT……………………… Well done.

    Reply
  45. roop chaudhary

    Thanks for the marvelous posting. I genuinely enjoyed reading it, you are a great author. I will always bookmark your blog and will come back very soon. I want to encourage that you continue your great work,have a nice day.

    Reply
  46. Harshit Kacholiya

    You definitely realize how to bring an issue to light and make it important. More people should read this and understand this side of your story.

    Reply
  47. Sharad Jhunjhunwala

    I am regular reader, how are you everybody? This paragraph posted at this site is actually good.

    Reply
  48. Deepak Chaudhary

    Hi there, yeah this post is genuinely nice and I have learned lot of things from it on the topic of blogging. thanks.

    Reply
  49. nikhil

    Hmm is anyone else encountering problems with the pictures on this blog loading?
    I’m trying to find out if its a problem on my end or if it’s the blog.
    Any feedback would be greatly appreciated.

    Reply
  50. Deval Miyani

    Hi there to every one, since I am really eager of reading this weblogs post to be updated daily. It contains fastidious stuff.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>