A glance through National Judicial Appointments Commission

By Sonal Srivastava, Amity Law School, Lucknow.

The Supreme Court on 16th October, 2015 unanimously declared the National Judicial Appointments Commission as unconstitutional and ordered the revival of the Supreme Court scripted two decade old ‘judges selecting judges’ collegium system. However, Supreme Court agreed that the present collegium system needs reforms and asked for suggestions from the government as well as eminent jurists and lawyers. (more…)

An Analysis of Judicial Accountability in India

By Akash Agarwal, Amity Law School, Noida.

Accountability and Transparency are the two big-wig cornerstones of any democratic establishment for providing justice to the general public. However, the form of transparency and accountability may vary from one state to another depending upon certain  relevant factors.  In a democratic country like India, adhering to  the concept of separation of powers, which establishes three wings of Government, i.e. Legislature, Executive and Judiciary, the concept of accountability becomes crucial and formulates a system of checks and balances on each other. However, the Legislature and Executive are fairly accountable for the acts they commit, but as far as the Judiciary is concerned, the roads of accountability and transparency are really  bumpy and uneven. The Constitution of India provides comprehensive powers to the Judiciary, due to which the Indian Judiciary can be considered as the  most powerful organ among all other organs. (more…)

National Judicial Appointments Commission: A Study in Effectiveness

By Rajashree Aryabala Tripathy, KIIT Law School, Bhubaneswar.

Article 124(2) states, whenever there is a proposal for appointment of the Supreme Court Judges, it will be done by the President of India in consultation with other Judges of the Supreme Court. But time has changed and the judiciary, executive and legislature have to take steps according to the need of the society. The rate of corruption and adulteration in all departments is increasing day by day. We need a strong judiciary for our country. It is now proposed that a new Commission will be formed for appointment of judges to higher posts, which will be named as the “National Judicial Appointments Commission” (NJAC). For this reason, a Bill has been drafted, which contains the constitution, regulation, function and role of that C omission. The main aim of this Bill is to bring transparency in the selection process, along with an accountable government. (more…)