Overview of the National Judicial Appointments Commission

The National Judicial Appointments Commission (NJAC) was established in India with the aim of bringing transparency and accountability to the process of appointing judges to the higher judiciary. This move marked a significant shift from the previous system where judges were primarily appointed through a collegium system comprising senior judges of the Supreme Court.

The NJAC was envisioned as a multi-member body with representation from both the judiciary and the executive, aimed at ensuring a more balanced and fair approach to judicial appointments. The commission was tasked with the responsibility of recommending candidates for appointment to the higher judiciary, including the Supreme Court and High Courts, based on merit and suitability for the role.

Background of Judicial Appointments in India

The process of judicial appointments in India has traditionally been carried out through a system known as the Collegium system. Under this system, the power of appointing judges to the higher judiciary rested primarily with the Chief Justice of India and a committee of senior judges.

Throughout the years, there have been concerns raised about the lack of transparency and accountability in the Collegium system, with critics highlighting issues such as nepotism, favoritism, and lack of diversity in judicial appointments. Calls for reforming the process to make it more efficient and merit-based have been growing, leading to the establishment of the National Judicial Appointments Commission (NJAC) in 2014.

Composition and Structure of the NJAC

The National Judicial Appointments Commission (NJAC) is composed of six members, as per the provisions of the 99th Constitutional Amendment Act and the NJAC Act of 2014. The Commission consists of the Chief Justice of India, two senior-most judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent persons nominated by a panel consisting of the Chief Justice of India, the Prime Minister, and the Leader of the Opposition in the Lok Sabha or where there is no such Leader of Opposition, the leader of the single largest opposition party in the Lok Sabha.

The structure of the NJAC is designed to ensure a balance of power and representation from various spheres. The inclusion of the Union Minister of Law and Justice and the two eminent persons aims to bring diverse perspectives into the process of judicial appointments. The Act also provides for the establishment of a Secretariat to assist the Commission in its functions and ensure the smooth conduct of its operations.

Functions and Powers of the NJAC

The National Judicial Appointments Commission (NJAC) is responsible for recommending suitable candidates for appointment as Supreme Court and High Court judges in India. This includes making selections based on merit, integrity, and judicial competence. The NJAC aims to bring transparency and accountability to the judicial appointment process by involving various stakeholders in the decision-making process. Additionally, the Commission plays a crucial role in ensuring a diverse and representative judiciary that upholds the principles of democracy and justice.

In addition to its primary function of judicial appointments, the NJAC also has the power to recommend the transfer of judges between High Courts. This authority enables the Commission to ensure that the judiciary operates efficiently and effectively, with judges being placed in positions that align with their expertise and experience. By having the power to transfer judges, the NJAC can help address issues such as the backlog of cases and the equitable distribution of judicial workload across different courts.

Comparison with the Previous Collegium System

The National Judicial Appointments Commission (NJAC) differed from the previous Collegium system in its composition and decision-making process. Under the Collegium system, only the Chief Justice of India and a select group of senior judges had the authority to recommend judicial appointments and transfers. In contrast, the NJAC comprised of not only judges but also included two eminent personalities from outside the judiciary, as well as the Union Law Minister.

Additionally, the NJAC was designed to bring more transparency and accountability to the judicial appointments process by involving non-judicial members in the decision-making process. This marked a significant departure from the Collegium system, which had faced criticism for its lack of transparency and opacity in decision-making. Supporters of the NJAC argued that having a more diverse and inclusive body would lead to a fairer and more balanced selection of candidates for judicial positions.