Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India.

→ Yashwant verma case → Bash in the house → Appointment delays in SC & HC by govt. → Criticisms by retired judges as well as allegations of biasness by current judges

Evolution of collegium

NJAC can make appointments →

• Transparent → a) Ensure clear criterias for appointment

• b) Appointment based on merits rather than 'Uncle judge' syndrome

• c) Tackles 'backdoor' affairs criticism of collegium

• d) Based on majority votes → no discrimination

• Broad based → a) NJAC consisting of varied members → women, SC/ST etc → inclusivity promote

• b) Broad set of parameters for appointments for holistic competency

• c) Publicised working & reasons ensure openness

• Accountable → a) Ensure merit based appointment & explain for it → b) Balance judiciary & executive interference in appointment → c) checks abuse of power by judiciary → no imperio in imperium (Ambedkar) → d) checks & balances → NJAC a better alternative to collegium

Issues a) Executive interference in judiciary → undermine independence. b) Undue influence → compromise autonomy of judges c) Can weaken judicial scrutiny & review of govt as judges might be chosen with a bias d) Separation of power doctrine challenged e) Checks & balances might be harmed.