Question Q.12GS2GS2

In light of recent developments, the Collegium system and the Supreme Court's decision to strike 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

Recent case of corruption against Delhi HC judge along with debate over utilitarian mechanisms of accountability have brought NJAC issue to the forefront.

NJAC Act, 2014

2Provided for a 5-member commission represented to both government and the judiciary to appointment of CC & HC judges.

3Issue struck down as unconstitutional as it violates [Article 50] - separation of power and [Article 124].

NJAC - make judicial appointments more transparent, broad-based & accountable

1Optimal control over appointment from (2) Appointment process will be open to debate and discussion [Example: reason of rejection in minutes of the meeting under concealment in judicing & hence judic[ary] representation of society]

4Global best practices [Example: UK and US have executive stay in judicial appointm]

however, certain lacunae:

1Politicization of appointment process

2Uned utics [Article 124] and [Article 50] - separation of power

3Division of principles of checks & balances

4NJAC does not guarantee transparency

5Political provisioning might lead to weakening of judicial review.

NJAC

may forward:

1. Promote Judicial Accountability and Impartiality Bill (BOTP)

2. Bring Judiciary under Lokpal and RTI

3. Involuntary display of assets

4. Bengalorians Principless of Judicial conduct must be quickly ratified.

200 words5 paragraphs

Conclusion

Bengalorians Principless of Judicial conduct must be quickly ratified.

9 words

Examiner score

0.8/10

Open original scan

Page 25

Topper

Hrishikesh Rajendra Alase

AIR 612025

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Collegium System

NJAC vs Collegium system and judicial transparency

Writing Stats

209

Total words

Paragraphs

formal

Tone