The collegium system remains operative
Declaring that the judiciary cannot risk being caught in a “web of
indebtedness” towards the government, the Supreme Court on Friday
rejected the National Judicial Appointments Commission (NJAC) Act and
the 99th Constitutional Amendment which sought to give politicians and
civil society a final say in the appointment of judges to the highest
courts.
“It is difficult to hold that the wisdom of appointment of judges can be
shared with the political-executive. In India, the organic development
of civil society, has not as yet sufficiently evolved. The expectation
from the judiciary, to safeguard the rights of the citizens of this
country, can only be ensured, by keeping it absolutely insulated and
independent, from the other organs of governance,” Justice J.S. Khehar,
the presiding judge on the five-judge Constitution Bench, explained in
his individual judgment.
The Bench in a majority of 4:1 rejected the NJAC Act and the
Constitutional Amendment as “unconstitutional and void.” It held that
the collegium system, as it existed before the NJAC, would again become
“operative.”
But interestingly, the Bench admitted that all is not well even with the
collegium system of “judges appointing judges”, and that the time is
ripe to improve the 21-year-old system of judicial appointments.
“Help us improve and better the system. You see the mind is a wonderful
instrument. The variance of opinions when different minds and interests
meet or collide is wonderful,” Justice Khehar told the government,
scheduling further debate for November 3 on bettering the working of the
collegium system.
Every judge on the Bench, comprising Justices J. Chelameswar, Madan B.
Lokur, Kurian Joseph and A.K. Goel, has written separate judgments
explaining the debate, reasonings and individual conclusions they
arrived at about the NJAC and the Constitutional Amendment.
The entire bulk of the series of judgments and orders run to about 1,000 pages.
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