The Supreme Court (SC) will decide on the challenge against the National Judicial Appointment Commission (NJAC) on Friday. The government had envisioned the body as an alternative to the collegium system of appointment of judges to the higher judiciary. The NJAC was created via a constitutional amendment and the NJAC Act last year.
It was to consist of Chief Justice of India (CJI), two senior SC judges, the law minister and two eminent personalities. However, discarding the move (formation of NJAC), CJI refused to be a part of the same. This was further challenged via Public Investigation litigations (PILs) on grounds that it interfered with the independence of the judiciary and hence is un-constitutional.
According to the government, collegium has thrown up 'bad' judges.
While all top SC lawyers have argued in this case, both for and against, the government's stand remains in the favour of this new body. It considers NJAC a more transparent and accountable means of judicial appointments and believes that the judicial independence will be strengthened post its approval.
In such a scenario, there are three possibilities. PILs can be dismissed and the NJAC can take charge as statutory body for judges' appointments.
Alternatively, the NJAC could be held to be infringing judicial independence and violating the Constitution or the five Judge Bench could refer the matter to a larger 11 Judge Bench.
What remains to be seen is tomorrow's verdict that is likely to determine the future of the judiciary.
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