JUDICIAL APPOINTMENTS IN INDIA

• The Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution. The President consults with judges of the Supreme Court and High Courts to make informed appointments

Current State of Judicial Appointments

• Pending Cases: 60 lakh cases are pending in various High Courts (April report by the Department of Justice).
• Vacancy Rate: 30% of judicial seats remain vacant.

COLLEGIUM SYSTEM VERSUS NJAC

Issues with Judicial Appointments

• Delays linked to the standoff between the executive and judiciary.
• Top court struck down the NJAC Act and 99th Constitution Amendment as unconstitutional, maintaining the collegium system for appointments.
• Criticisms of the Collegium System:
  • Lack of accountability and transparency.
  • Nepotism concerns.

National Judicial Appointments Commission (NJAC)

• Proposed Structure:
  • Headed by the Chief Justice of India.
  • Includes the Law Minister, two eminent persons, and two senior judges.
• Judiciary’s Concerns:
  • NJAC perceived as giving the government excessive control, potentially compromising judicial independence.
• Support for NJAC: Some legal professionals argue that NJAC could expedite judicial appointments.

LESSONS FROM OTHER COUNTRIES

United Kingdom

• Judicial Appointments Commission:
  • Established by the Constitutional Reform Act, 2005.
  • 15-member commission for England and Wales courts.
  • Comprises various judicial, professional, and lay members.

South Africa

• Judicial Service Commission (JSC):
  • Advises the President on judicial appointments.
  • Composition includes Chief Justice, President of the Supreme Court of Appeal, Minister of Justice, legal professionals, and others.

France

• High Council of the Judiciary (Conseil Supérieur de la Magistrature):
  • Judges appointed through a process involving the Council and the Minister of Justice.
  • The President of the Republic ensures judicial independence but does not directly appoint judges.

REWORKING NJAC

Potential Benefits of NJAC

• Faster Appointments: Democratic structure could expedite the process.
• Transparency and Accountability: Could address the opaque nature of the current collegium system.

CHALLENGES AND CONSIDERATIONS

• Balancing Independence and Accountability: Need to balance judicial independence with accountability in the appointment process.
• Consultation: Incorporate views from judiciary, executive, and civil society for a reworked NJAC.

THE WAY FORWARD

• Nuanced Strategy: A balanced approach is needed to ensure efficiency without compromising the integrity of judicial appointments.
• Addressing Delays: Essential to find solutions to prevent delayed justice and maintain public confidence in the judiciary.