A Study of Constitutionality of Collegium System and Proposed NJAC Act.

Authors

  • Hetal Chavda  Research Scholar , (Ph.d- Law), Institute of Law, Madhav University, Pindwara, Rajasthan, India
  • Dr. Vidhya Sakhtawat  Institute of Law, Madhav University, Pindwara, Rajasthan, India

DOI:

https://doi.org//10.32628/IJSRST18452106

Keywords:

Collegiums System, NJAC, Indian Constitution, Appointment of Judges in Higher Judiciary

Abstract

Since the independence in India the appointment of judges have been conducted through the collegiums system and there has been amendment process and improvement. In 2014 the National Judicial Appointment commission Act was passed in both the houses but its still not in force. It has faced several criticism. As per the Indian constitution appointment of Judges in higher judiciary i.e. High courts and Supreme Court is being conducted. There is lack of transparency in the collegiums system. The article is about the current legal situation and opinions of the judges towards the system of appointment.Wherein both the system of appointment whether being collegiums system or NJAC have its pros and cons.

References

  1. Basic Structure Doctrine of Indian Constitution - Landmark Cases In Indian Polity. According to the Indian Constitution, the Parliament and the State Legislatures can make laws within their jurisdictions. The power to amend the Constitution is only with the Parliament and not the state legislative assemblies.
  2. Establishment and constitution of Supreme Court. (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
    1. a Judge may, by writing under his hand addressed to the President, resign his office. (b) a Judge may be removed from his office by the President in the manner provided in clause ( 4 ) of Article 124 for the removal of a Judge of the Supreme Court.
    • Justice R. M. Lodha is a former Chief Justice of the Supreme Court of India. Before being elevated to the Supreme Court, he served as the Chief Justice of Patna High Court. He has also served as a judge in Rajasthan High Court and Bombay High Court.
    • http://indianexpress.com/article/india/india-others/justice-lodha-defends-collegium-system-says-there-is-a-campaign-to-defame-judiciary/
    • Jagdish Singh Khehar was the 44th Chief Justice of India. Khehar is the first CJI from the Sikh community. He has been a judge in Supreme Court of India from 13 September 2011 to 27 August 2017
    • http://www.thehindu.com/news/national/supreme-court-verdict-on-njacandcollegiumsystem/article7769266.ece
    • Justice Madan Bhimarao Lokur is an Indian jurist. He is a Judge of Supreme Court of Fiji. He is former Judge of Supreme Court of India. He is also former Chief Justice of Andhra Pradesh High Court and Gauhati High Court and Judge of Delhi High Court.
    • https://theprint.in/judiciary/former-judges-lawyers-say-collegium-system-needs-to-change-but-njac-is-not-the-answer/779758/
    • https://theprint.in/judiciary/former-judges-lawyers-say-collegium-system-needs-to-change-but-njac-is-not-the-answer/779758/

International Journal of Scientific Research in Science and Technology

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Published

2019-03-30

Issue

Volume 6, Issue 2, March-April-2019

Section

Research Articles

License

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This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

[1]
Hetal Chavda, Dr. Vidhya Sakhtawat, " A Study of Constitutionality of Collegium System and Proposed NJAC Act., International Journal of Scientific Research in Science and Technology(IJSRST), Online ISSN : 2395-602X, Print ISSN : 2395-6011, Volume 6, Issue 2, pp.938-945, March-April-2019. Available at doi : https://doi.org/10.32628/IJSRST18452106