National Judicial Appointments Commission (NJAC)

The National Judicial Appointments Commission (NJAC) was introduced as an alternative to the existing Collegium system to address transparency issues in judges' appointments. The recent controversy over the discovery of large sums of money at the residence of a Delhi High Court Judge brought back National Judicial Appointments Commission into the spotlight when the matter was raised in the Parliament. Read on to learn about it! 

About the NJAC and its Full Form

The National Judicial Appointments Commission (NJAC) was a proposed body aimed at reforming the method of appointing judges to the Supreme Court and High Courts in India. Established by the 99th Constitutional Amendment Act of 2014, NJAC aimed to bring transparency and accountability to the selection process.

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NJAC was intended to replace the Collegium system, which had been criticized for being opaque and exclusive. It aimed to make judicial appointments more inclusive by involving members from outside the judiciary. 

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National Judicial Appointments Commission Bill, 2014

The National Judicial Appointments Commission Bill, 2014 was introduced in the Lok Sabha on August 11, 2014, by the Minister of Law and Justice, Ravi Shankar Prasad. This Bill aimed to establish a framework for the appointment of judges in India, replacing the existing collegium system. 

NJAC was passed by Parliament and was ratified by 16 state legislatures before receiving the President’s assent. This bill set up the operational framework for an independent commission for the selection and appointment of judges to the Supreme Court and High Courts, known as the National Judicial Appointments Commission.

Constitutional Provisions for NJAC

The National Judicial Appointments Commission (NJAC) was established through the 99th Constitutional Amendment Act (CAA) which amended Article 124 of the Indian Constitution. The introduction of NJAC led to the inclusion of three significant articles in the Indian Constitution:

• Article 124A: Established the NJAC as a constitutional body responsible for judicial appointments and defined its composition.

• Article 124B: Assigned NJAC the responsibility of recommending judicial appointments and overseeing the transfer of judges within the higher judiciary.

• Article 124C: Empowered Parliament to legislate further provisions governing NJAC’s operations and procedures.

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Why NJAC Was Struck Down?

On October 16, 2015, the Supreme Court struck down both the NJAC Act and the 99th Constitutional Amendment as unconstitutional in a 4:1 majority decision of a five-judge bench. The decision reinstated the Collegium system, arguing that NJAC violated the independence of the judiciary. 

The Court highlighted below key concerns:

• Executive Influence: The inclusion of non-judicial members in NJAC could allow political interference in judicial appointments, threatening the doctrine of separation of powers.

• Judicial Autonomy: The presence of government representatives in the appointment process was seen as undermining the judiciary’s ability to function independently.

• Basic Structure Doctrine: The ruling held that NJAC altered the basic structure of the Constitution by compromising judicial independence.

The verdict reaffirmed the principle that judges should be free from executive or legislative pressure while making decisions that uphold constitutional values.

Current Judicial Appointment System

After NJAC was nullified, India reverted to the Collegium system. Under this system:

• The Chief Justice of India and the four senior-most Supreme Court judges recommend appointments to the higher judiciary.

• Each High Court has its own Collegium led by its Chief Justice and two senior-most judges.

• The government’s role is limited to approving the recommendations and conducting an Intelligence Bureau (IB) inquiry on recommended candidates.

• The process remains confidential, with no formal records or public disclosure of deliberations.

While the Collegium system preserves judicial independence, there are concerns that it lacks transparency and accountability. Over the years, experts have called for reforms to introduce clearer procedures without compromising autonomy.

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Collegium Vs NJAC

Both the Collegium system and NJAC had their merits and challenges. Here’s a comparative overview:

While NJAC aimed to make judicial appointments more transparent, its structure raised concerns about judicial independence. On the other hand, the Collegium system maintains autonomy but lacks transparency. Striking a balance between these two is a need of the hour for judicial reforms.

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