'Collegium System Has To Go!' Irked Lawyer Tells CJI As SC Refuses To List Plea For NJAC
The Supreme Court on Monday refused to consider listing a plea seeking abolition of the collegium system for appointment of judges after the top court's registry refused listing last week.
The Supreme Court on Monday refused to consider listing a plea seeking abolition of the collegium system for appointment of judges after the top court's registry refused listing last week. Advocate Mathews Nedumpara moved the writ petition seeking abolition of the collegium system and revival of National Judicial Appointments Commission (NJAC). However, the apex court's registry rejected his plea.
Unhinged by the registry's rejection, Nedumpara today again mentioned his plea in front of a bench comprising Chief Justice D Y Chandrachud, Justices JB Pardiwala and Manoj Misra.
“The Registrar has said that once the Constitution bench has ruled on something, an Article 32 petition (under the Article a plea can directly be filed in the Supreme Court on grounds of infringement of fundamental rights) is not maintainable. There are other remedies against the registrar’s order,” the CJI said.
Nedumpara replied, "the review petition against the NJAC judgment was dismissed in the chambers...This is about the credibility of the institution. The Collegium system has to go!”
The CJI replied: “I am sorry."
Why SC Registry Rejected Plea Seeking To End Collegium System
Last week, the registry refused to accept a petition to end the Collegium system and revive NJAC to “prevent needless waste of judicial time and energy”.
The registry order explained that the Collegium system has already been upheld, while the NJAC had been struck down by a Constitution Bench in October 2015. And, the petition filed by Nedumpara only replicated issues which have already been put to rest.
“It is critical to ensure litigants do not overburden courts with matters which already stand adjudicated,” the April 24 order read.
What Is NJAC Vs Collegium Debate?
In October 2015, a five-judge Constitutional bench of the top court struck down the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment as unconstitutional.
The Modi government enacted the NJAC Act, which sought to give law minister and eminent persons from civil society a say in the appointment of judges to the high courts and the Supreme Court. At present, under the collegium system senior most judges decide on appointment of judges.
The top court held that the independent judiciary was part of the basic structure of the Constitution. The NJAC had proposed a body comprising six members — CJI, two senior most judges of the Supreme Court, Union minister of law and justice, and two eminent persons to select judges in the Indian judiciary.
The plea moved by Nedumpara stated that the 2015 judgment should be rendered void ab initio as it had revived the Collegium system, which was synonymous to nepotism and favouritism.
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