India

Supreme Court Declines Plea to Abolish Collegium System in Judiciary Appointments

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.

Also Read: Supreme Court Adjourns Hearing On V Senthil Balaji’s Bail Plea in Money Laundering Case

Srishti Verma

Recent Posts

PM Modi, Leaders Pay Tribute To Chaudhary Charan Singh On Birth Anniversary

On Monday, Prime Minister Narendra Modi led the nation in honoring former Prime Minister Chaudhary…

8 mins ago

Delhi High Court To Hear BJP MLAs’ Petition On December 24

The Delhi High Court will actively hear a petition filed by Leader of Opposition Vijender…

15 mins ago

Indian Markets Open Strong On Positive Global Cues

Asian markets, including Hong Kong, China, Japan, and Seoul, traded in positive territory. In the…

16 mins ago

Bharat Express CMD Upendrra Rai Congratulate Devendra Fadnavis Sworning In As Maharashtra Chief Minister

Upendrra Rai, CMD Bharat Express, who expressed admiration for Shri Fadnavis' leadership and conveyed heartfelt…

1 hour ago

Maha Kumbh 2025: Yogi Government’s Strategic Coordination Ensures Timely Preparations

For Maha Kumbh 2025, preparations are in full swing as authorities work to ensure all…

13 hours ago

In Special Gesture, Kuwait’s Prime Minister Sees-Off PM Modi At Airport After Conclusion Of Historic Visit

Prime Minister Narendra Modi wrapped up his two-day visit to Kuwait on Sunday evening. In…

14 hours ago