Supreme Court
The Supreme Court declined to entertain a plea requesting the abolition of the collegium system, which entails judges appointing judges in the higher judiciary. The bench, comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra, acknowledged lawyer Mathews Nedumpara’s plea to list his writ petition seeking the abolition of the collegium system for a hearing.
Nedumpara expressed frustration, stating that his petition had been repeatedly mentioned, yet the registry had rejected it and refused to schedule it for a hearing. He argued that his petition should be heard, but the Registrar (Listing) had cited that, according to a previous ruling by a Constitution bench, an Article 32 petition is not maintainable once the bench has ruled on the matter. The Chief Justice acknowledged Nedumpara’s concerns but suggested that there are alternative remedies available against the Registrar’s decision.
The discussion also touched upon the review petition against the judgement on the National Judicial Appointments Commission (NJAC), which had been dismissed in chambers. Lawyers emphasized the importance of addressing the credibility of the institution, advocating for the removal of the Collegium system. However, the Chief Justice expressed regret and reiterated that the matter could not proceed.
The controversy surrounding the NJAC stems from a decision by a five-judge Constitution bench on October 17, 2015, which declared the NJAC Act and the 99th Constitutional Amendment unconstitutional. This legislation aimed to provide politicians and civil society with a decisive role in appointing judges to the high courts and the Supreme Court. The bench affirmed that an independent judiciary is an integral part of the Constitution’s basic structure.
Efforts to challenge the judgement through a review petition were unsuccessful, resulting in the dismissal of the plea seeking a review. The National Democratic Alliance government had introduced the NJAC Bill with the intention of replacing the collegium system. The proposed NJAC consisted of six members, including the Chief Justice of India, the two most senior judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent individuals. Despite these efforts, the collegium system remains in place, with judges responsible for appointing their peers to higher judicial positions.
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