The Supreme Court of India (SCI) in October 2015 struck down both 99th constitutional amendment act and National Judicial Appointments Commission (NJAC) Act, 2014. The reason stated by SCI was that it undermines the independence of Judiciary and involvement of executive would compromise the integrity of SCI.
What is a Collegium System?
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Pros and Cons of Striking down NJAC |
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Pros of Striking down NJAC |
Cons of Striking down NJAC |
Independence of Judiciary is must to ensure proper check on the excesses of Executive and Legislature. |
Constitution makers never imagined an organ of state fully independent. The present structure makes judiciary completely independent of its subparts as the appointment is in Judiciary hands and the procedure of removal is extremely complicated. |
The interpreter of the constitution (SCI) is the last hope of common citizen of the country and any executive encroachment into Judiciary must be prevented. |
Instances of favoritism, cases of corruption have erupted in the past which makes it clear that judiciary is not free of flaws and hence a supervisory body needed. |