“ROLE OF EXECUTIVE IN APPOINTMENT OF JUDGES – WITH SPECIAL REFERENCE TO NATIONAL JUDICIAL APPOINTMENT COMMISSION (NJAC) OF INDIA”
AUTHOR – MADHAN S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI
BEST CITATION – MADHAN S, “ROLE OF EXECUTIVE IN APPOINTMENT OF JUDGES – WITH SPECIAL REFERENCE TO NATIONAL JUDICIAL APPOINTMENT COMMISSION (NJAC) OF INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 678-683, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The Constitution (Ninety-ninth Amendment) Act of 2014 established the National Judicial Appointments Commission (NJAC) with the goal of increasing openness and accountability in India’s judicial appointment process. However, its implementation has encountered considerable challenges that have hampered its efficacy. One of the main difficulties is the constitutional challenge that prompted the Supreme Court to overturn the NJAC in 2015, citing concerns about judicial independence and the possibility of political intervention in judge nominations. This verdict has kept the present collegium system in place, which, while criticized for its lack of openness, continues to operate in the absence of a strong alternative structure. Concerns over the perceived elitism and opacity of the judicial establishment are also raised by the lack of a clear framework for public participation and accountability in the selection process. In addition, there have been concerns raised about the NJAC’s original design, which comprised members from the executive and judicial branches, thereby weakening the separation of powers and causing judicial selections to become politicized.
This paper emphasizes the complex issues that the NJAC must deal with, highlighting the necessity for a well-rounded strategy that protects judicial independence while fostering accountability and openness. It is imperative that these shortcomings be addressed in order to promote public confidence in the court and guarantee that the selection procedure adheres to the democratic values of justice and equity in India.
Keywords – Accountability, 99th Constitutional Amendment Act 2014, Supreme Court, Judicial Independency.