Why in the news? 

The petition, filed by advocate Mathews Nedumpara, seeks a revival of the NJAC. SC Registrar says the issue is already settled, and a repeat litigation is a “needless waste of judicial time and energy”

What is the Registrar of supreme court?

• The registrar is a chief executive officer of a judicial forum. They are in charge of the entire registry of the department.

What is NJAC (National Judicial Appointments Commission)? 

• In August 2014, Parliament passed the Constitution (99th Amendment) Act, 2014 along with the National Judicial Appointments Commission (NJAC) Act, 2014, providing for the creation of an independent commission to appoint judges to the Supreme Court and high courts.
• In 2015, Supreme Court struck down the National Judicial Appointments Commission (NJAC) and the 99th Amendment

Actually, Collegium system is used for the appointment of SC Judges 

First Judges Case (1981): 

• Also known as S.P. Gupta case (December 30, 1981), the Supreme Court held that consultation does not mean concurrence and it only implies exchange of views
• It declared that the “primacy” of the Chief Justice of India (CJI)s recommendation on judicial appointments and transfers can be refused for “cogent reasons.”
• The ruling gave the Executive primacy over the Judiciary in judicial appointments.

Second Judges Case (1993):

• SC reversed its earlier ruling and changed the meaning of the word consultation to concurrence.
• Hence, it ruled that the advice tendered by the Chief Justice of India is binding on the President in the matters of appointment of the judges of the Supreme Court.
• But, the Chief Justice would tender his advice on the matter after consulting two of his senior most colleagues (this was considered as Collegium)
• The collegium can veto the government if the names are sent back by the latter for reconsideration.
• The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent.
• The opinions of each member of the Collegium and other judges consulted should be made in writing and form part of the file on the candidate sent to the government.
• Thus, the executive element in the appointment process was reduced to a minimum.
• If the CJI had consulted non-judges, he should make a memorandum containing the substance of consultation, which would also be part of the file. After the receipt of the Collegium recommendation, the Law Minister would forward it to the Prime Minister, who would advise the President in the matter of appointment.

Third Judges Case (1998):

• SC on President’s reference expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues while HC collegium is led by its Chief Justice and four other senior most judges of that court.
• Names recommended for appointment by a HC collegium reaches the government only after approval by the CJI and the SC collegium.

Conclusion: 

The primary argument against the NJAC was that it could potentially undermine judicial independence by giving the executive a significant role in judicial appointments. Any alternative system, including a revised version of the NJAC, would need to ensure that judicial independence is safeguarded.

Mains PYQ 

Q 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.

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