NATIONAL JUDICIAL APPOINTMENT COMMISSION AND INDEPENDENCE OF JUDICIARY

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India’s politicians show an extraordinary independence and political maturity on corrected an imbalance in the system of selecting and appointing the judges to the higher courts by approving a constitutional amendment to create a National Judicial Appointments Commission (NJAC). On 31st December, 2014, 121st Constitutional Amendment Act was assented by President of India after ratification by 16 States out of 29. During the passage of the Act government and opposition were on same page showed a unique camaraderie which is often nonexistent. This amendment Act seeks to replace the collegiums system of appointment of judges which come into practice as a result of judgement of Supreme Court in Second Judges Case and reiterated in Third Judges Case by the Supreme Court of India. Along with the amendment Act, National Judicial Appointment Commission Act, 2014 was also passed whose purpose as given by the preamble to the act, is to regulate the procedure to be followed by the National Judicial Appointments Commission for recommending persons for appointment as the Chief Justice of India and other judges of the Supreme Court and Chief Justices and other judges of the High Courts and for their transfers and for matters connected therewith or incidental thereto. While introducing the Bill in Rajya Sabha, Law Minister said, that the bills seeks to restore the balance in appointments, as envisaged by Dr. B.R. Ambedkar during Constituent Assembly Debates, which was disturbed by the Judgments in Second and Third Judges Case, under which the Government’s role was quite reduced and the Government’s only right was to seek a reconsideration and if the collegium reiterates the previous view, the Government has no right whatsoever, a step hailed by Shri Shantaram Naik, as towards securing the supremacy of the Parliament.

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