{"id":213329,"date":"2022-11-07T18:49:01","date_gmt":"2022-11-07T13:19:01","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=213329"},"modified":"2022-11-07T18:49:01","modified_gmt":"2022-11-07T13:19:01","slug":"revive-njac-the-collegium-system-ultimately-hurts-the-judiciarys-credibility-parliaments-idea-was-better","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/revive-njac-the-collegium-system-ultimately-hurts-the-judiciarys-credibility-parliaments-idea-was-better\/","title":{"rendered":"Revive NJAC: The collegium system ultimately hurts the judiciary\u2019s credibility. Parliament\u2019s idea was better"},"content":{"rendered":"\n

Source<\/span><\/b>: The post is based on the article <\/span>\u201cRevive NJAC: The collegium system ultimately hurts the judiciary\u2019s credibility. Parliament\u2019s idea was better\u201d <\/span><\/b>published in The Times of India <\/b><\/span>on\u00a0<\/span>7th November 2022<\/span><\/b>.<\/span>\u00a0<\/span><\/p>\n

Syllabus<\/strong>: GS 2 \u2013 Structure, organization and functioning of the Executive and the Judiciary.<\/p>\n

Relevance<\/strong>: About the need for NJAC(National Judicial Appointments Commission)<\/p>\n

News<\/strong>: Recently, the Union law minister has said that the government \u201cwon\u2019t stay silent forever\u201d on Supreme Court\u2019s collegium system of appointing judges, and the apex court\u2019s 2015 rejection of Parliament-cleared NJAC.<\/p>\n

What is National Judicial Appointments Commission?<\/span><\/h5>\n\n\n\n
Read here:\u00a0National Judicial Appointments Commission<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

NJAC was supposed to replace the collegium to make appointments to the higher judiciary more accountable. But SC rejected it before it could be tried out citing reasons such as a)<\/strong> Government interference in judicial appointments can undermine the independence of the judiciary, b)<\/strong> Executive overreach in judicial appointments in the 1970s and 1980s led to the collegium system.<\/p>\n

Why India needs a system like NJAC?<\/h5>\n

An isolated judiciary raises suspicion of nepotism, which could raise questions about the judicial system\u2019s credibility. Politics even plays a role in appointments decided behind the closed doors of the collegium.<\/p>\n

So, India needs something like NJAC that aims to be a middle path to address apprehension of judges as well as meet standards of transparency and accountability.<\/p>\n\n\n\n
Read more: The Court and the problem with its collegium<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
What can be changed in NJAC to make it more functional?<\/h5>\n

India needs to tweak the NJAC rule to improve the system further. For instance, the earlier NJAC rule that any two commission members can veto a candidate had raised objections. This can be changed to encourage consensus-building on candidates.<\/p>\n\n\n\n
Read more: A better NJAC: Politicians are right on the collegium. But can their solution rise above politics, that\u2019s the question<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article \u201cRevive NJAC: The collegium system ultimately hurts the judiciary\u2019s credibility. Parliament\u2019s idea was better\u201d published in The Times of India on\u00a07th November 2022.\u00a0 Syllabus: GS 2 \u2013 Structure, organization and functioning of the Executive and the Judiciary. Relevance: About the need for NJAC(National Judicial Appointments Commission) News:… Continue reading Revive NJAC: The collegium system ultimately hurts the judiciary\u2019s credibility. Parliament\u2019s idea was better<\/span><\/a><\/p>\n","protected":false},"author":10311,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10496],"class_list":["post-213329","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-times-of-india","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/213329","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10311"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=213329"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/213329\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=213329"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=213329"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=213329"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}