New Delhi: The Centre on Monday ended the two-decade-old collegium system of appointing judges, putting in place the National Judicial Appointments Commission to pick judges for the high courts and the Supreme Court.
Ahead of the five-judge Constitution Bench hearing on April 15 challenging the NJAC Act, the Centre notified the commission in the official gazette on Monday.
From the Constitution’s inception in 1950, judges were appointed by the Executive in consultation with the Chief Justice of India till 1993, when a nine-judge bench replaced the procedure with the collegium system. The collegium is headed by the Chief Justice of India and two senior judges (for high court appointments) and four senior judges for the Supreme Court appointments. At the high court level, it is headed by its chief justice and two senior judges.
The NJAC will be a six-member commission to select and recommend judges. It will comprise the Chief Justice of India (chair); two other senior Supreme Court judges; the Union law minister and two eminent persons to be nominated by the Prime Minister, the CJI and Leader of the Opposition/leader of the largest party in the Lok Sabha.
Since the Commission has been put in place, it will now be incumbent on the government to initiate the process of selecting two eminent persons by the panel headed by the PM. Once formed, the NJAC will frame the rules and procedure for appointment of judges. The object of constituting the Commission, according to the NJAC Act is to enable participation of judiciary, executive and eminent persons and will ensure greater transparency, accountability and objectivity in the appointment of judges to higher judiciary.
Within 30 days of the setting up of the full NJAC, the Centre will intimate the number of vacancies of Judges in the High Courts and the Supreme Court for making recommendations to fill the vacancies.
It also mandates the Centre to make a reference to the Commission about vacancies that might arise six months in advance.
