On Monday, the Supreme Court informed a petitioner challenging the Collegium system, which appoints judges, that it will need to form a bench to address the plea. Chief Justice of India D Y Chandrachud, responding to Advocate Mathews J Nedumpara’s request for an urgent listing of his 2022 petition, stated, “I will have to constitute a bench.”
The petitioner referred to retired Supreme Court judge S K Kaul’s comments on the Collegium system made in some post-retirement interviews. In 2014, the NDA government enacted the National Judicial Appointments Commission (NJAC) Act, aiming to provide the executive with more influence in judge appointments.
The NJAC, consisting of the CJI, two senior-most Supreme Court judges, the law minister, and two eminent persons chosen by a selection committee comprising the CJI, the Prime Minister, and the Leader of the Opposition, was struck down by the Supreme Court in a 4:1 judgment in October 2015. The majority held that the NJAC would compromise the “independence of the judiciary,” violate the “separation of powers,” and infringe upon the “basic structure of the Constitution.”
The ruling emphasized the paramount importance of the “independence and integrity of the judiciary,” not only to the judges but also to citizens seeking justice against the unlawful exercise of power by the executive.
