ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Future of Collegium System

Transforming Judicial Appointments for Transparency

What steps will the judiciary take with a view to reforming the existing collegium system? What will the Supreme Court of India do to ensure that the collegium system is significantly transformed with a view to infusing transparency and procedural fairness in the selection of judges to the High Courts and the Supreme Court?

The Supreme Court of India in a landmark verdict declared the 99th Constitutional Amendment and the National Judicial Appointments Commission (NJAC) Act void and unconstitutional. This is not an entirely unexpected consequence (Kumar 2015a). The Supreme Court has upheld the values of constitutionalism and independence of judiciary, which is a part of the “basic structure” of the Constitution. In a “collective order” a Constitution Bench of Justices Khehar Singh, Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh Kumar Goel invalidated the 99th Constitution Amendment and the NJAC Act. The decision of the Court was based upon a deeper recognition and understanding of the role of the judiciary within the Indian democracy. The decision is most compelling and is an appropriate one for definite reasons.

Protecting Independence of Judiciary

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