

However, many eminent lawyers have challenged the government with
regards to scrapping of collegium system. Lawyers like F Nariman and Kapil
Sibal are planning to move the apex court shortly. They say the bills which
have been passed in Parliament violate the basic structure of Constitution and
that is enough for them to drag the Centre in Court. They also question how the
veto power can be given to any of two members of commission to scuttle the
appointment of an individual? They also requested the Supreme Court to look
into the matter as it pertains to the independence of Judiciary.
Article 124 and Article 217, clearly state that the “Executive”
will appoint the judges after consulting the judiciary and not the other way
around. Article 124 states that the President shall appoint every judge of the
Supreme Court after consultation with other Supreme Court and High Court judges
as the President may deem necessary for the purpose. It also says that except
for the appointment of the Chief Justice of India, the CJI shall always be consulted
for appointing SC judges. Article 217 states that every High Court judge shall
be appointed by the President in consultation with the Chief Justice of India,
the Governor of the state, and the Chief Justice of the High Court (except when
the CJ of HC is to be elected). In 1993 judgement, the Supreme Court created
the Collegium system to which Former Law Minister Kapil Sibal was the lawyer. Under
Collegium system, the executive role was limited to merely objecting the
nominations of the judges. The NJAC will correct these imbalances and bring an
end to usurpation of powers.
It requires 15 state legislatures to pass the Constitutional
Amendment bill and give a lasting cover. After then it would face the test of
apex court whether it is constitutionally fit or unfit. As far as flaws of NJAC
is concerned, it will come on fore with time until then, it’s a milestone in
the right direction.
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