What is National Judicial Appointments Commission (NJAC) in India?
The National Judicial Appointments Commission (NJAC) was a body established in India in 2015 to replace the Collegium system, which had been in place since the 1993 “Judges Case.” The NJAC was responsible for the appointment and transfer of judges to the Supreme Court and High Courts in the country.
The NJAC was composed of six members, including the Chief Justice of India, two senior judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent persons nominated by a committee comprising the Prime Minister, the Chief Justice of India, and the leader of the opposition in the Lok Sabha (lower house of Parliament).
Under the NJAC Act, which established the body, the NJAC was responsible for making recommendations for appointments and transfers of judges to the government. The government was required to consult with the NJAC before making any appointments or transfers, but it retained the final say in the matter.
The NJAC Act faced significant opposition and was challenged in the Supreme Court. In 2015, the Supreme Court struck down the NJAC Act and restored the Collegium system, ruling that it was unconstitutional.
One of the main criticisms of the NJAC was that it gave too much power to the executive branch of the government and not enough to the judiciary. Under the NJAC Act, the government had the final say in the appointment and transfer of judges, which was seen as a threat to the independence of the judiciary.
Another criticism of the NJAC was that it did not adequately address the lack of transparency and accountability in the selection process for judges. The NJAC was not required to provide any justification for its decisions, and there was no mechanism in place for challenging them.
In conclusion, the National Judicial Appointments Commission (NJAC) was a body established in India in 2015 to replace the Collegium system in the appointment and transfer of judges. However, it faced significant opposition and was struck down by the Supreme Court in 2015, leading to the restoration of the Collegium system. The NJAC was criticized for giving too much power to the executive branch and not addressing the lack of transparency and accountability in the selection process for judges.
