Legal Matter Experts On NJAC, 2014

Abhinav By Abhinav, 28th Aug 2014 | Follow this author | RSS Feed | Short URL http://nut.bz/iepoyfeq/
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People who afraid that new law would curb the independence of judiciary are indeed myopic, the existing collegium system had flaws and afflicted by favouritism.

Legal Matter Experts

National Judicial Appointments Commission Bill, 2014, passed unanimously by the Rajya Sabha and Lok Sabha is a measure to facilitate establishment of a commission to appoint judges to higher judiciary is the outcome of government's proposal to scrap the two-decade-old collegium system of appointing judges in the Supreme Court and High Courts.

After the formation of NJAC, 266 vacancies for judges in 24 high courts are likely to be filled expeditiously along with one vacancy at The Supreme Court. The speedy appointment of new judges at the higher courts will also speed up the backlog cases in courts across the country. The Chief Justice of India will head the NJAC and two senior judges of the Supreme Court would also represent the NJAC along with two eminent personalities and the Law Minister. While two members of the NJAC can veto any appointment, the government can return the recommendation for "reconsideration". Once the NJAC "unanimously" remain firm on a recommendation, the government had no option but to accept it.

"The constitutional amendment bill for a judicial appointment commission restores the original spirit of the constitution." - Finance Minister Arun Jaitley.

"People who afraid that new law would curb the independence of judiciary are indeed myopic, the existing collegium system had flaws and afflicted by favouritism. The formation NJAC shall promote only meritorious people as judges in High Courts and Supreme Court."- Kislay Pandey - Senior Advocate, the Supreme Court of India.

In many past appointments, there are instances where merit overshadowed by seniority criteria to appoint Judges of the apex court and even the worst is noticed on few occasions when both merit and seniority were sacrificed for the sake of maintaining regional balance in the higher judiciary. Corporate Lawyer

Defending the Bill, Law Minister Ravi Shankar Prasad assured the House that the changes will not result in the political executive dominating over the judiciary. "There is no provision for executive primacy in the Bill," he said.

The National Judicial Appointments Commission promises takes the evaluation of merit in selection of judges out of the judiciary's exclusive domain and encourages equal participation of judiciary and executive. NJAC increases accountability in the system which is good to earn faith and confidence of the people in country's judicial system." - Kislay Pandey - Senior Advocate, the Supreme Court of India.

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