Abstract

The process of appointing judges has been a contentious and unclear issue in India for many years. Since gaining independence, there have been numerous efforts to find an effective solution. The Collegium system, which gives significant power to the judiciary, has been the main method for appointing judges. However, in 2014, the government introduced the National Judicial Appointment Commission (NJAC) to replace this system. The NJAC Act was passed by both Houses of Parliament with unanimous support, indicating a desire for change in the appointment process. The goal was to address concerns such as nepotism, lack of transparency, and judicial dominance in judge appointments through a bipartisan effort. Despite this, Justice Krishna Iyer emphasized the importance of judicial accountability and proposed a committee to thoroughly examine the selection of judges. Before the NJAC, there were several attempts to establish a more authoritative commission for nominating judges. However, the Supreme Court recently ruled the NJAC and the 99th Constitution (Amendment) Act illegal and invalid, once again focusing attention on the selection process for higher judiciary judges.

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