Collegium system vis-à-vis national judicial appointments commission: a critical appraisal

The criteria for appointment of Judges has always remain as the most controversial and confused task. Since Independence of our nation, various attempts have been made to evolve out some single efficacious method in this regard. Collegium system has been working with its full force in respect of appointments to judicial offices. But in order to modify this old prevailing system, in 2014 the Government came up with a Commission which was to play a frozen role in the appointment of Judges of Supreme Court and High Court. The Commission was named as National Judicial Appointment Commission (hereinafter referred to as NJAC) and for that matter National Judicial Appointment Commission Act has been enacted. Both the bills were overwhelmingly passed by both the Houses of the Parliament without a single negative vote. The perception of nepotism, opacity and judicial hegemony in appointments was sought to be undone by a bipartisan NJAC. However, Justice Krishna Iyer also has rightly confessed “Judges-Judicial Reforms in Indian Context” regarding accountability of judiciary thereby necessitating on a serious scrutiny through some commission for the appointment of Judges. Many a times before passing of this NJAC, efforts have been made in order to from some Commission to which, task of appointment of Judges of higher authority, can be granted. However, by striking down the NJAC and 99^th Constitution (Amendment) Act as unconstitutional, the Supreme Court has, once again, focused public attention on the process of appointment of Judges to the higher judiciary