Collegium’s actions show that the NJAC which was struck down four years ago is back, with a vengeance | The Indian Express

Collegium’s actions show that the NJAC which was struck down four years ago is back, with a vengeance | The Indian Express

Written by Madan B Lokur |Updated: October 16, 2019 9:53:58 am

The writer retired as a justice of the Supreme Court of India in December 2018.

Collegium’s actions show that the NJAC which was struck down four years ago is back, with a vengeance

It seems to me that the unconstitutional NJAC is rearing its head and is now Frankenstein’s monster. The advice of the two eminent persons postulated by the NJAC is no longer required.

Supreme court of India. (File Photo)

Four years ago, on October 16, 2015, the Supreme Court (SC) struck down as unconstitutional an amendment to the Constitution establishing the National Judicial Appointments Commission (NJAC). The amendment and the corresponding law were challenged by the Supreme Court Advocates-on-Record Association (SCAORA) believing, rightly, that the amendment would violate the basic structure of the Constitution by depriving the judiciary of its independence. SCAORA engaged Fali S Nariman, a doyen of the Bar, to argue the case on its behalf. The SC agreed with his submissions and struck down the amendment. At law, the independence of the judiciary was preserved. But is it, in fact? Judge for yourself.