Question Q.12GS2GS2
In light of recent developments, the Collegium system and the Supreme Court's decision to set down the National Judicial Appointments Commission (NJAC) Act, 2014 have once again come under scrutiny. Do you think that a NJAC-like body can make judicial appointments more transparent, broad-based and accountable? Justify your answer.
Main Body
In the 2015 NJAC Judgement, Supreme court declared NJAC as unconstitutional on the grounds of Judicial Independence.
Features of NJAC, 2014
Gave Executivesay in appointment to higher judiciary
Deciding the transfors and punishment of higher judges.
In recent light of events of Justice Verma - 'Cash at Home' case and his impeachment proceedings, NJAC has once again come into limelight.
NJAC-like Appointment transparent, broad-based and accountable
1Ensure Checks and Balance → by giving executive say in appoint→accountable
2Ensure broad-based acceptance of recommendatians → Collegium's advise are sometimes ignored.
3Uphold Democracy → puts the elected over the selected.
4Greater Transparency → Collegium is relatively opaque about proceedings.
5Will counter criticisms of Collegium - 'Uncle Judge Syndrome', nepotism & corruption.
6Enforce Judicial accountability to the parliament (WIll of the people).
7Ensure hearing of executive concerns over Judicial appointment
8All party support → NJAC Act 2014 & was passed by consensus - broad-based
Concerns with NJAC Like Body
1Threatens Judicial independence - part of Basic Structure.
2Against Principle of Natural Justice by giving Executive say in Judiciary appointment as govt itself is a major disputant.
3May lead to 'Committed Judiciary'.
4Against Federalism and constitutionalism which require independent Judiciary.
211 words15 paragraphs
Conclusion
Thus, an NJAC like body must be amended so as to ensure that there shall be no 'Executive supremacy'.
19 words
Examiner score
1/10Open original scan
Page 26
Topper
GAURAV CHOPRA
AIR 832025
Subject & Paper
GS2GS2
Topic
Executive, Judiciary, Ministries and Pressure Groups
Collegium System
NJAC and Judicial Independence
Writing Stats
230
Total words
15
Paragraphs
analytical
Tone