On Thursday, the Supreme Court agreed to consider the inclusion of a petition challenging the collegium system for the appointment of judges to the apex court and high courts. This development followed recent comments by Union Law and Justice Minister Kiren Rijiju, who expressed public dissatisfaction with the practice of judges appointing judges.
The matter was urgently brought up before a bench led by Chief Justice D Y Chandrachud. Advocate Mathews J Nedumpara, who raised the issue, referred to the apex court’s 2015 verdict, which had invalidated the National Judicial Appointments Commission (NJAC) Act and the Constitution (99th Amendment) Act, 2014. This decision led to the reinstatement of the collegium system, where existing judges appoint judges to constitutional courts.
The bench, including Justices Hima Kohli and J B Pardiwala, assured the counsel that they would consider the request after reviewing the petition. The plea contends that the collegium system has led to the denial of equal opportunities for thousands of eligible and meritorious lawyers. The NJAC Act, 2014, had aimed to give a significant role to the executive in appointing judges to the higher judiciary.
The Supreme Court had previously, on October 16, 2015, struck down the ambitious NJAC Act, 2014, attempting to replace the 22-year-old collegium system. In a recent statement, Union Law and Justice Minister Kiren Rijiju reiterated public dissatisfaction with the collegium system, asserting that, according to the spirit of the Constitution, the government should handle judge appointments. However, former Chief Justice of India U U Lalit, on November 13, defended the collegium system, stating that it is here to stay, and while it can be fine-tuned, the fundamentals of judges choosing judges are sound.
