Never miss a story

Get subscribed to our newsletter


×

By Harshmeet Singh

The Supreme Court’s decision declaring the National Judicial Appointments Commission (NJAC) as ‘unconstitutional’ drew contrasting reactions from different corners. While the telecom minister, Ravi Shankar Prasad termed it as ‘an attack on the Parliament’s sovereignty’, senior SC lawyer Ram Jethmalani hailed the judgment, calling it a ‘great success for the Indian Democracy’.


Ever since the idea of NJAC was floated, the judiciary seemed averse to the thought of giving away its prerogative of appointing judges to the High Courts and the Supreme Court. Until now, the appointment of judges was done by the Collegium system. Under this system, a collegium consisting of the Chief Justice of India and the 4 senior most judges of the Supreme Court recommended the transfer and appointment of the judges. This system came into being as a result of the famous ‘Three Judges Case’ of 1998. In the recent years, the collegium system has come under heavy criticism with judges being accused of abusing their power, nepotism and giving birth to a ‘give & take’ culture. Also, this collegium system doesn’t find any mention in the constitution. The article 124 of the constitution says that ‘the President should appoint Supreme Court judges after consultation with such judges of High Courts and the Supreme Court as he/she may deem necessary. The Chief Justice of India is to be consulted in all appointments barring his/her own.’

The proposed NJAC was to be comprised of the Chief Justice, two senior most judges of the SC, the Union Law Minister and two eminent personalities, thereby taking away Judiciary’s exclusive right to appoint judges. Many experts termed Government’s plans of introducing the NJAC as an attempt to take away the independence of the judiciary, which is the 3rd pillar of our democracy. Interestingly, the NJAC bill turned out to be one of the very few bills which got multi party support at the centre as well as in the states.

This isn’t the first time when the NDA government tried to alter the collegium system. When Atal Bihari Vajpayee was at the helm, the NDA government set up the Justice MN Ventakachaliah commission to study if the current system of appointment of judges needed any changes. The Commission recommended the formation of NJAC which was almost similar to the current form of NJAC, but it couldn’t materialize then.

Though the collegium system seems far from perfect, SC’s concerns over involvement of politicians in the appointment of judges are completely justified. The appointment of Justice AN Ray as the Chief Justice of India, superseding 3 senior judges, at the behest of Indira Gandhi is still considered as one of the darkest chapters in the history of Indian Judicial system. With the judiciary being given the power of ‘judicial review’ by the constitution to keep a check on the Parliament’s law making prerogative, parliament’s control over the judges would destroy the delicate balance between the two arms of Indian democracy.

While the SC completely dismissed the constitutional validity of the NJAC, it humbly accepted that the collegium system can be made better and asked for further discussions on the same. Let us hope that a common ground is found between the two parties with none considering it as a matter of personal pride!

The author is a Freelance writer. This article was written exclusively for NewsGram.


Popular

IANS

In all the wedding excitement, it's easy to overlook the impact a wedding has on the environment.

By Prerana Agarwal Saxena

In all the wedding excitement, it's easy to overlook the impact a wedding has on the environment. While everyone is making their big fat Indian wedding dreams come true, they are also adding their carbon footprint and undue energy consumption. Modern couples are now looking for ways to have a wedding with a sustainably conscious mindset. It's become about incorporating less waste, locally sourced and seasonal food, natural materials over the use of plastic. Mindful wedding planning and decor includes the use of recycled paper and goods along with eco-friendly venue needs. Check out this quick guide to achieve a sustainably conscious wedding without compromising on luxury:

Choose locally sourced material to uplift artisans
Sustainable can be luxurious too, incorporate some native flavour into the decor and theme. With the use of locally sourced materials and local artisans coming into play, the wedding instantly becomes sustainable. Include the work of local vendors ensure minimal packaging requirements, thus saving on unnecessary plastic and lamination. It also decreases the need for transporting elements from other cities and hence lowers the carbon footprint. For instance, at one of our weddings, we made use of sand art for a setup in Jodhpur. This helped promote local work while also being environmentally friendly with zero wastage of other materials. In another instance from Rajasthan, the traditional glass-blown technique was used to build decor items while giving a cultural touch to the destination wedding.

sustainable sand art Sustainable can be luxurious too, incorporate some native flavour into the decor and theme. | Photo by Jason Coudriet on Unsplash

Keep Reading Show less
Photo by Hakan Nural on Unsplash

The vaccination was administered from 7 a.m. till 7 p.m. and the compiled data was made available late at night.

The Tamil Nadu health department has administered 16,43,879 lakh doses of vaccine in the second mega vaccination camp organised by it. The state public health department in a statement on Sunday said that this has taken the total vaccination to one crore since the beginning of September till date. The vaccination was administered from 7 a.m. till 7 p.m. and the compiled data was made available late at night.

The health department officials also said that as the state has almost exhausted its quota of vaccines, there would not be any vaccines on Monday. Regular vaccination will resume after the vaccine supplies arrive from New Delhi, officials said. The state health department had expected to vaccinate 15 lakh people on Sunday in 18,824 centres spread across primary health centres, anganwadis, noon meal centres, government hospitals, schools and some auditoriums.

person in white long sleeve shirt holding gray pen The health department officials also said that as the state has almost exhausted its quota of vaccines, there would not be any vaccines on Monday. | Photo by Mat Napo on Unsplash

Keep Reading Show less
IANS

Hanisha Kapoor, COO, ArchiesBeauty.com shares makeup trends experimented by these Bollywood divas throughout 2021 for inspiration.

Festivals are just around the corner and while you brainstorm about OOTDs (outfit of the day), don't forget the right makeup. Hanisha Kapoor, COO, ArchiesBeauty.com shares makeup trends experimented by these Bollywood divas throughout 2021 for inspiration. While some stuck to the classics, others mixed it up... take a look:

The Classic Red Lip
We don't see a future where classic red lips go out of fashion. The right way to achieve this celebrity look is to focus on accentuating your lips and keeping the rest of the face minimal. Give your lips a good scrub to plump them, moisturize and follow it up with a red lip liner to define the shape of your lips. Now go on with the perfect shade of red and finish your look with a slick of eyeliner, minimal concealer, and foundation.

Keep reading... Show less