NATIONAL JUDICIAL APPOINTMENT COMMISSION

The Commission is established by amending the Constitution of India through the ninety-ninth constitution amendment vide the Constitution (Ninety-Ninth Amendment) Act, 2014. A new article, Article 124A, (which provides for the composition of the NJAC) has been inserted into the Constitution.

COMPOSITION

• Chief Justice of India 
• Two other senior judges of the Supreme Court
• The Union Minister of Law and Justice
• Two eminent persons (one person would be from the SC/ST, OBC, Minority or Woman)

(Eminent persons to be nominated by a committee consisting of CJI, PMoI and the Leader of opposition in Lok Sabha)

FUNCTION OF THE COMMISSION

• Recommending persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts.
• Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court.
• Ensuring that the persons recommended are of ability, merit and other criteria mentioned in the regulations related to the act.

MERITS

• Collegium system worked against the rule of natural justice, i.e. Judges’ appointment by judges and a notion of prevalence of favoritism is present. Many judges have said this system has given rise to uncle and son syndrome.
• The transparency is one of the fundamental notions of democracy. The collegium system contradicts such notion as it maintains high secrecy. There is possibility some outstanding judges may be left out of promotions, some undeserving sneaked into.
• The collegium only consider seniority as a sole merit and no heed given to other essential traits, because of this many judges with bad image may occupy such highly sacred post.
• This collegium system is not in Sync with Constitution, which according to Article 124 and 217 says that President should appoint the Judges in consultation with CJI and senior judges and in case of High court in consultation with CJI, governor of state and Chief justice of state
• The rationale of having the Commission instead of the collegium system is to strengthen the quality of appointments made, promote diversity and sustain public confidence in judicial system.
• Lastly, judicial review is the basic feature of constitution of India, and at any time SC may declare this amendment null and void as constitutionally invalid.

DEMERITS

• It may bring the judiciary within the ambit of executive, the recent role of judiciary in 2G and Coalgate scam is a point in this direction.
• Appointment of judges some time required certain technicality, which can be only possible by the expert college like collegium system.
• A fearless and independent Judiciary is a basic feature of the Constitution. It may compromise the independence of judiciary which has been cornerstone in ensuring the peoples’ faith in democracy.