Judicial Appointments ConundrumKey Milestones and Selected Op-edsOctober 20, 2015Collegium was revived to avoid chaos and tyranny1. If the collegium was not revived, then there were chances that President may become atyrantby assumingabsolute powersto appoint judges on his own.2. This is how the Supreme Courts Constitution Benchexplained its decisionto restore the collegium.3. Previously, Solicitor-General had argued against therevival of the collegiumin case the Bench decided to strike down the NJAC.4. This would have given rise to a void, where President would assumeabsolute powers to appointa judge to the SC without consulting the CJI.Justice Kurian saidthat Constitutional amendment isasubstitutionand once the substitution was held to be bad in law, theoriginal provisionwould return to life.The HinduOctober 17, 2015SC Bench strikes down NJAC Act as unconstitutional and voidThe collegium system remains operative1. Declaring that the judiciary cannot risk being caught in a web of indebtedness towards the government, the SCrejected the NJAC Act and the 99th Constitutional Amendment.2. The Bench in a majority of 4:1 rejected the NJAC Act and the Constitutional Amendment as unconstitutional and void.3. But interestingly, the Bench admitted that all is not well even with the collegium system of judges appointing judges.After receiving Presidential assent on Dec. 31, 2014, the collegium system of appointing judges to the SC and high courts was replaced by a new body called theNational Judicial Appointments Commission.The HinduAugust 28, 2015[Discuss] The big NJAC debateThe NJAC Conundrum A tacit attempt to subvert the independenceof Judiciary or a panacea for Judicial Accountability?Discuss.Feel free to airyour views, opinions, queries, inputs. You may take acue from the following but are free to digress within the scope of thediscussion at hand:1. The Highlights2. Present Status3. The SC debate4. Collegium vs NJAC5. Any Global Experience6. Proponents vs OpponentsHTJuly 31, 2015[op-ed snap] Interpretive remedies in NJAC case

1. Op-ed suggests that besides the binary options of accepting or striking down the NJAC, the SC can also try to find amiddle pathand interpret it in a way that is constitutional. Following are some proposals:2. Defining eminent personmore narrowly with little scope of exploitation.3. Modifying theprocess of appointmentof eminent person and providing strict guidelines.4. Increasing judiciarys say in the NJAC by givingexclusive veto power to judges.5. Laying downfixed rules and regulationsto be followed in the appointment of judges.6. Op-ed also suggests that in doing so, the SC must maintain the thin line between judicial interpretation and legislative amendment, failing which the judiciary could be seen as overstepping in the legislatures turf.The HinduJuly 14, 2015[cd explains] The Three Judges Case

CustomJuly 9, 2015[op-ed snap] NJAC: Objection OverruledAs per the Second Judges Case, the Constitution Bench of the SC hearing a petition challenging NJAC Act and CA Act might find it difficult to strike down the laws on the grounds that they destroy judicial independence and hence the basic structure of the Indian Constitution.The HinduJune 20, 2015[op-ed snap] Allowing judges to be judged1. Regular evaluation of judicial performance is a springboard for ensuring greater judicial accountability but we do not have any institutional mechanism.2. Judicial accountability promotes 3 discrete valuesrule of law, public confidence in the judiciary and constitutional responsibility.3. Our constitution protect judges against the will of the masses, the will of parliament and the will of central government but does not provide provide for the accountability of judges.4. According to the constitution judges can be impeached by parliament on the ground of proved misbehaviour or incapacity.5. US has a merit plan under which not only are the judges appointment on merit but their continuance in office is decided on the basis of nonpartisan elections.The HinduJune 20, 2015Government cant be out of NJAC, says SCThe debate was triggered by counsel Anil Divan, who said the NJAC Act was flawed as the commission would be totally dependent on inputs from government departments.But you have to trust someone. What if we remove the Executive from the appointment process? How will they [NJAC] get information? Only the government has the machinery to gather intelligence on the sensitivity, family, integrity, etc., of a person under consideration This is the fact, whether you like it or not, Justice J.S. Khehar, who heads the five-judge Constitution Bench, told Mr. Divan.Another issue:1. The NJAC Act did not spell out the criteria to select eminent persons.2. We wonder ifeminence in the NJAC Act was the same quality the government had found in a person chosen to head the Film and Television Institute of India.The HinduJune 15, 2015NJAC: What do you mean by by a fit CJI?When you say someone should be fit to be a judge, do you mean that we will need a medical certificate saying it is assured we will live till 65 years of age?Aprovision in the NJAC Act, dealing with the appointment of the Chief Justice of India says the senior-most judge would be appointed CJI, provided he is fit.CustomJune 10, 2015Judicial appointments are too vital for a hit-and-trial method1. SC objected to the Centres argument that the National Judicial Appointments Commission should be given a chance under the hit-and-trial method.2. Attorney General, Mukul Rohatgi pleaded that The NJAC is a wholesome mechanism in which the voice of the people plays a part in the judicial appointments.3. The Bench had asked Mr. Rohatgi to hand over a list of bad appointments of judges made by the Supreme Court Collegium during the last two decades.The HinduMay 2, 2015Eminent person debate hits NJAC1. Can yoga guru Ramdev, conferred cabinet rank by the Haryana government, qualify to be an eminent person for inclusion in the 6-member National Judicial Appointments Commission created to selecting judges?2. The 5-judge constitution bench headed by Justice JS Kheharappeared to agree withthis reasoning.3. The bench said, We will ask the AG how the NJAC can provide a meaningful role to the judiciary. How can the participants be made accountable?The Times Of IndiaMay 1, 2015No going back on NJAC, says govt1. Centres argument Parliament had created NJAC to broad-base the judges selection process by including all three organs of governance judiciary, executive and legislature instead of leaving it only to judges.2. Ram Jethmalani, arguing against said that the SC-devised collegium system protected the independence of judiciary & it had just oneflaw of being non-transparent.3. Justice Khehar gave an example, Parents of a child do look for a groom or a bride for their child. The match works well some times and some times doesnt. When it doesnt, it does not mean that the parents have become bad.The Times Of IndiaApril 29, 2015Seniority bogs down judicial appointments1. In a sharp criticism of the highest judiciary, the Centre said there isno place for merit.2. Mukul Rohtagigave the examples of apex courts in countries such as the USAwhere the Chief Justice was the youngest among the sitting judges.3. Wording of Section 5 (1) of the NJAC Act seems vague.4. The provision dealing with the appointment of the Chief Justice of India says the senior-most judge would be appointed CJI, provided he is fit.5. What does fit mean here? Does this mean a person is suitable if he is fit or strong?The HinduApril 28, 2015NJAC Act violates basic structure of Constitution: Bar bodies to SC1. Why?because the body (NJAC) sought to be created, does not have the salient features of the body (collegium) substituted.2. Arguments Inthe NJAC, no weightage or primacy has been given to the views of the CJI in selection of judges.3. Who will decide if the panel gets divided vertically on the question of appointment of a judge.4. Preponderance of views of 3senior most judges of the apex court, as recommended by the Venkatachaliah panel, has not been not provided for by the NJAC Act.Business StanApril 28, 2015CJI recuses from NJAC, govt calls it unconstitutional1. CJIH.L. Dattu has declined to join the NJACuntil the SC decides on its constitutional validity.2. The CJIs recusal brought the NJAC to a grinding halt as it was likely that two senior-most judges of the SC, who are members of the commission, would follow suit.3. Arguments fromMukul Rohtagi The Constitution provides that eminent persons will be selected by a troika of PM, CJI and leader of opposition. Can the mandate of the Constitution be stultified? How can that be?The Times Of IndiaApril 17, 2015Justice Dave recuses himself from NJAC Bench1. Senior advocate Fali Nariman pointed out there is a clear conflict of interest as Justice Dave is also a member of the NJAC.2. Justice Dave, who heads the five-judge bench, is the third senior-most Supreme Court judge.3. He is also a member of the NJAC as per the statute which prescribes that the six-member Commission will have the CJI and the next 2senior most judges as its members.The HinduApril 16, 2015[cd explains] Whats in the new NJAC bill?

CustomApril 15, 2015Govt. notifies NJAC, puts an end to collegium1. The notification brings into immediate effect the National Judicial Appointments Commission Act, 2014, and the99th Constitution Amendment Act.2. Now, the political class and civil society have an equal voice, along with the judiciary, in the appointment and transfer of judges in the highest judiciary.3. While referring the petitions to a larger Bench, the SChadrefused to pass a stay orderon the law coming into force.The HinduMarch 18, 201599th Amendment Act 2014 replaces Collegium System with NJAC (2/2)1. The Attorney-General (Mukul Rohtagi) & Sr. Advocate (Fali Nariman) have locked horns on the bill.2. Interestingly, AG says that the courtcannot test theconstitutional validity of the NJAC until the law was notified. Prez. has given its assent to the bill but Gov. has not yet notified.3. Fali Nariman held a view that The moment an enactment comes into operation, it becomes law and can be challenged on any permissible grounds.The HinduMarch 18, 201599th Amendment Act 2014 replaces Collegium System with NJAC (1/2)1. What was?The Collegium system is one where the Chief Justice of India and a forum of 4senior-most judges of the SCrecommend appointments and transfers of judges.2. The system was evolved through Supreme Court judgments in theThree Judges Cases.However, it has no place in the Indian Constitution.3. The 99th amendment to the Constitution introduces NJAC, replacing the Collegium system.4. Under Article 124A, the NJAC has 6members the CJI,2senior-most judges. The remaining 3are the Union Law Minister and two eminent persons.5. They are to be appointed by the PM, the Leader of the Opposition and the CJI.The Hindu