Tag: NJAC
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Why the NJAC Bill deserved to be quashed!
By Adv. Mukul Anand, Alumnus, Gujarat National Law University. Strong opinions are expressed by people, criticizing the Supreme Court’s judgement, striking down the 99th Constitutional Amendment, and consequently the National Judicial Appointments Commission (NJAC) Bill by a 4:1 majority. Social Media is flooded with such posts and articles, and heated arguments can be seen in…
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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…
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Judicial Accountability in the Indian Legal System
By Shalvi Singh, WBNUJS, Kolkata. Under the doctrine of the separation of powers, the judiciary generally does not make the law (which is the responsibility of the legislature) or enforce the law (which is the responsibility of the executive), rather it interprets the law. Judicial independence is one of the features of ‘Rule of Law’ as popularised by…
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Dependence of the Independent Judiciary
By Anmol Sinha, Symbiosis Law School, Pune. Our society is supported by three different pillars, Legislature, Executive and Judiciary. Legislature enacts the law which governs us; Executive executes and implements the laws and Judiciary is the body which takes into account the violations of such laws. It is this clear cut demarcation of various organs of…
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Judicial Supremacy vs. Parliament: Why NJAC is better than the Collegium System
By Sanya Darakhshan Kishwar, Central University of Bihar, Gaya. ANALYSING WHAT COLLEGIUM IS It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court. It has no place in the Indian Constitution. [1] What does the…
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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…