principle of judicial independence will be compromised as judiciary won’t enjoy primacy
any two members could block an appt by making contrary vote
presence of law minister improper as usually law ministers have been practicing advocates and government is largest litigant in court
violates principle of SoP and creates a conflict of interest in functioning of judiciary
criteria for selection of eminent persons vague, subjective and prone to misuse
Justice Chelmeshwar: judicial primacy neither guarantees judicial independence nor is it part of basic structure of constitution.
Way Ahead
parl may consider introducing another bill while providing primacy to judiciary in NJAC
till the time NJAC is adopted, judiciary must focus on bringing diversity in fn of collegium
parl must consider enacting a law to ensure judicial accountability & transparency
can be based on Judicial Standards and Accountability Bill 2012
acc to former president of SC Bar Association, the collegium system has created a system of Imperium in Imeprio (empire within empire). There is need to bring checks and balances in fn of collegium
collegium must have independent secretariat to help in its fn
work of judges already overburdened
take inspiration from British practice of judicial appt of judges since 2005. Eligible candidates submit their applications for appointments disclosing their relationships w/ sitting and retired judges of SC. Appts are made by a Judicial Appointment Commission.
exec & judiciary should hold detailed consultations w/ each other acc to memorandum of procedure evolved
after 4th Judges’ Case, the exec & judiciary tried to revise the MoP to inc the involvement in appt and transfer of judges
even tho MoP evolved and agreed upon by both, it has not been brought into practice either due to shortage of time w/ collegium or deliberate delays by executive
any adverse report by the IB should be treated w/ caution and an enquiry committee should be formed to look into such reports