Efficacy of Collegium System
Collegium: An Institution which allows Justices to choose Justice. The old established principle is that you shall not be Judge in your own litigation. The constitution of India does not provide existence of any such Institution. Article 126 of The Constitution of India only mentions about consultation by President with the CJI in apointing the Justices. Dr BR Ambedkar mentioned in the debate in constituent assembly that the CJI is after all human being with infalliability, failings, errs, biases & prejudices. In NJAC declaring that the judiciary cannot risk being caught in a “web of indebtedness” towards the government, the Supreme Court rejected the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment which sought to give politicians and civil society a final say in the appointment of judges. It has to be added that the consultation is not concurrance in Article 126 of constitution of India. Collegium system is a fraud. It flourishes family rule. 250 - 300 families are placed comfortable in judicial corridors in order to dominate one pillar of the Constitutional scheme. Now getting emboldened further, the Supreme Court wants to get into the Committee responsible to appoint the Chief Election Committee.
12 years at Fair Law Practitioners
2 年The difference between the collegium system and NJAC is that?the former also involves the Executive in appointing the judges, while the latter believes in keeping the executive away. The members of the NJAC are the Chief Justice of India, two senior judges, and two union ministers of law and justice.Over 40 years after the Supreme Court’s darkest hour when it said citizens have no right to life and liberty during the Emergency period, a nine-judge Bench condemned the decision in the infamous ADM Jabalpur case, or better known as the habeas corpus case, as “seriously flawed.” The habeas corpus judgment in 1976 upheld the Congress government’s move to unlawfully detain citizens, including political rivals, during the Emergency years.