National Judicial Appointments Commission (NJAC): Features, Judgment and Debate

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```html National Judicial Appointments Commission (NJAC): Features, Judgment and Debate

National Judicial Appointments Commission (NJAC): Features, Judgment and Debate

Table of Contents

  1. Introduction
  2. Features of NJAC
  3. Functions of NJAC
  4. Powers of NJAC
  5. Comparison of NJAC with Previous System
  6. Timeline of NJAC
  7. Important Facts for Exams
  8. One Page Revision Table
  9. Previous Years Questions (PYQs)
  10. Multiple Choice Questions (MCQs)
  11. FAQs
  12. Conclusion

Introduction

The National Judicial Appointments Commission (NJAC) was constituted by an Act of Parliament in 2014 to streamline the process of appointing judges to the higher judiciary in India. This initiative was inspired by a need for greater accountability, transparency, and inclusivity in judicial appointments, especially against the backdrop of the long-standing debates regarding the issue of judicial independence versus governmental influence. It replaced the judicial appointment process which was previously governed by the collegium system, marking a significant shift in India's constitutional framework aimed at strengthening the judiciary while ensuring the government has a say in the judicial appointments. The NJAC has been a subject of much debate among legal experts, thus presenting both its advantages and concerns that aspirants preparing for UPSC, SSC, and State PSC exams must grasp. In this article, we will explore the features, functions, powers of the NJAC, and its implications through a comprehensive analysis.

Features of NJAC

Feature Description
Composition The NJAC consists of six members: the Chief Justice of India, two senior-most judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent persons.
Eminent Persons Two eminent persons are selected by a panel consisting of the Prime Minister, the Chief Justice of India, and the Leader of the Opposition in the Lok Sabha.
Selection Procedure The NJAC will recommend appointments for the judges of the Supreme Court and High Courts, increasing transparency in the selection.
State Judicial Commissions It also facilitates the establishment of similar State Judicial Commissions for appointing judges at the state level.
Public Participation The commission promotes greater public transparency by engaging civil society in the appointment process.

Functions of NJAC

Function Description
Appointment Recommendations To recommend individuals for appointment to the Supreme Court and High Courts.
Evaluation To evaluate the suitability of candidates based on merits, qualifications, and consultations.
Monitoring To monitor the performance of appointed judges and propose actions for improvement.
Policy Making To formulate policies and recommend necessary amendments for the improvement of judicial appointments.

Powers of NJAC

Power Description
Recommend Appointments The NJAC has the authority to recommend candidates for judicial appointments which the President of India will then appoint.
Conduct Inquiries It can conduct inquiries into the background of nominees to assess their eligibility thoroughly.
Draft Guidelines The NJAC can draft guidelines to streamline and formalize the appointment processes further.

Comparison of NJAC with Previous System

Aspect Previous Collegium System National Judicial Appointments Commission
Transparency Relatively opaque; no public insight into the decision-making process. More transparent; invites public participation and scrutiny.
Composition Made up of senior judges only. Includes government officials and eminent persons, ensuring diverse inputs.
Governance Judges appoint judges, which raises questions about accountability. Involves government participation which can enhance accountability.
Decision-making Internal decisions made within the judiciary. Deliberative process involving multiple stakeholders.

Timeline of NJAC

Year Event
2014 NJAC Act and 99th Constitutional Amendment passed.
2015 Supreme Court declares NJAC unconstitutional, reinstating the collegium system.
2016 Debates on the need for reform in judicial appointments continue.

Important Facts for Exams

  • The NJAC was established under the National Judicial Appointments Commission Act of 2014.
  • It aimed to replace the outdated collegium system.
  • The Supreme Court delivered a verdict against NJAC in October 2015.
  • It comprises the Chief Justice, two senior-most judges, the Union Rail Minister, and two eminent individuals.
  • The two eminent persons should be chosen from among persons of ability and integrity.
  • The commission can nominate judges to the Supreme Court and High Courts.
  • The NJAC's mission includes judging the suitability of candidates based on merit.
  • Outputs of the NJAC would be subject to Presidential approval.
  • The NJAC was challenged in court as critics argued it undermined judicial independence.
  • Legislation and judicial appointments require bicameral discussions in Parliament.
  • The collegium system had existed since the Supreme Court’s verdict in 1993, which established it.
  • The focus of the NJAC is to enhance judicial appointments' quality, transparency, and speed.
  • In election-related cases, the NJAC was scrutinized for potential government interference.
  • The emphasis is placed on maintaining the independence of the judiciary.
  • The five-member panel's recommendations cannot be overturned by others.
  • The system is intended to be more inclusive by representing wider society.
  • Public transparency initiatives were a landmark improvement proposed by the NJAC.
  • Public consultations are part of the selection process while ensuring confidentiality.
  • The NJAC is consistent with efforts towards judicial accountability reforms.
  • Its formation spurred significant national dialogue about judicial governance.
  • Though NJAC is inactive, legal discussions around judicial appointments continue.

One Page Revision Table

Aspect Details
What is NJAC? A commission created for judicial appointments, improving transparency and inclusivity.
Key Members Chief Justice, two other judges, Law Minister, two eminent persons.
Legal Status Declared unconstitutional by the Supreme Court in 2015.
Objectives Enhance judicial quality, transparency, and efficiency in appointments.
Past System The collegium system of appointments, criticized for lack of transparency.

Previous Years Questions (PYQs)

  1. Discuss the major features of the NJAC system.
  2. Critically analyze the Supreme Court’s judgment on the NJAC.
  3. What are the functional differences between the NJAC and the collegium system?
  4. Explain how the NJAC intends to enhance judicial accountability.
  5. What were the major arguments for and against the NJAC?
  6. Describe the composition of the NJAC.
  7. How do the recommendations of the NJAC get implemented?
  8. Trace the timeline of events leading to the NJAC's judgment.
  9. What role do eminent persons play in the NJAC?
  10. Evaluate the impact of the NJAC on judicial independence.

Multiple Choice Questions (MCQs)

  1. Which of the following is NOT a member of the NJAC?
    • A) Chief Justice of India
    • B) Prime Minister
    • C) Two eminent persons
    • D) Two senior-most judges

    Correct Answer: B) Prime Minister

  2. When was the NJAC Act passed?
    • A) 2012
    • B) 2014
    • C) 2015
    • D) 2016

    Correct Answer: B) 2014

  3. The NJAC Act was declared unconstitutional by the Supreme Court in which year?
    • A) 2013
    • B) 2014
    • C) 2015
    • D) 2016

    Correct Answer: C) 2015

  4. Which of the following statements about the NJAC is true?
    • A) It replaced the collegium system.
    • B) It was established under the 95th Amendment.
    • C) It consists of only judges.
    • D) It does not include eminent persons.

    Correct Answer: A) It replaced the collegium system.

  5. The recommendation to appoint judges in NJAC must be approved by:
    • A) The Law Minister
    • B) The President
    • C) The Chief

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