The news of National Judicial Appointment Commission Act, 2014 comes into force is a big relief to the Judicial-system in India. The Lok-Sabha had passed the bill collectively on 13-Aug-2014 and Rajya-Sabha had passed it on 14-Aug-2014.
- The act clears the path to transparent-procedures in appointing judges to the Supreme-court and High-Courts.
- The independent National-Judicial-Appointment-Commission (N.J.A.C) will be responsible for the Appointments. It is headed by the Chief-Justice of India
- The other members consist of two senior-most Supreme-Court judges, Union Law-&-Justice Minister, two persons from Prime-Minster’s Committee and the Opposition-party.
- Provisions have been made to include the representation of Scheduled-castes & Tribes in the members-committee. The appointments-procedure will be formulated by the N.J.A.C
- The Collegium-system of appointments has literally come to an end
About N.J.A.C Functions
- Recommending the appointment of Chief-Justice-of India, Supreme-Court-Judges
- Recommending the appointment of Chief-justices and other judges in High-Courts
- Recommending the transfer-processes of Judges between different high-courts throughout India, including that of Chief-Justices.
Comparison with Collegium-system
- N.J.A.C considers consultation with the Judiciary before taking any decisions, which was not present in the earlier system.
- It has wider acceptance-levels among the legislators , which was missing earlier
- The system enhances the role of Judiciary in a democratic-system, while the earlier system was more bound by “Red-Tapism”
- It will also mean the end of Political-interference in the appointment of Judges, which had been a great head-ache for the legal-system in India.
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