After the three-judge case when the collegium system was introduced there
were many allegations made that there was existence of nepotism in the judiciary
so due many controversies such as first there was executive inference which was
creating a problem & after that there was nepotism in the judiciary which was
again creating problems in the country so by seeing such type of controversies
state came up with a new way which was named as NJAC.
It was introduced in the 99th amendment of the constitution 2014 & was enforced
in 13th April,2015. by this amendment article 124 A was made which stated that
the president will appoint judges of supreme court in consultation with the NJAC.
Earlier the appointment of judges of supreme court was made by the president in
consultation with the chief justice of India but after the three judge case it
was decided that the president with appoint judges of supreme court in
consultation with the collegium system which constituted of five member, there
were five member because if any of the judge disagree with a name then in that
case the collegium may not propose such name.
But now it was decided that the consultation will be done by the NJAC committee
which consisted of CJI , two supreme court judges, one union minister of law &
justice & two Eminent persons who will be appointed by the prime minister, CJI &
leader of the opposition in Lok Sabha but it can be seen that there is too much
interference in NJAC in relation to the first judge case which actually violates
article 50 of the Indian constitution which talks about the separation of
judiciary from the executive.
In the judgement of Keshvananda Bharati Case article 50 was made a part
of basic structure doctrine & if anything is kept under the basic structure
doctrine then parliament cannot use article 368 which talks about the amending
power of the parliament as here it is seen that the parliament has amended
article 124 of the Indian constitution by the 99th amendment act by using such
power mentioned in article 368 of the Indian constitution & brought NJAC which
actually violates article 50 of the constitution because of too much
interference also if this will be allowed the again their will be more
interference of executive in relation to the first judge case & even the
judiciary will come under the pressure of the state so as NJAC is violating
article 50 & therefore violating the basic structure doctrine it was abolished
& hence collegium system was restored.
Award Winning Article Is Written By: Mr.Rakchit Mishra
Authentication No: MA114207801600-22-0522