India’s Supreme Court NJAC Judgement : Both Prejudiced And Regressed

The judges express their apprehension, not a point in law, thus : “You will leave many people dissatisfied under the new system. Judges will be superseded while deciding appointment in the Supreme Court and high courts as the selection will be on the basis of merit. It will lead to a dangerous situation.”

Appointing people of merit to their jobs would lead to dangerous situation ! This was a first. What else should be the criteria for appointing judges to superior courts, if not merit ? Even as I write this, I imagine myself screaming my question into the faces of men droning away on more of the same stupid fears and unwarranted presumptions.

Truth Within, Shines Without

For very cogent reasons, I might have safely added : bullshit.

Here’s why :

National Judicial Appointments Commission (NJAC) Act that was brought in to replace the over two-decade-old collegium system, of judges appointing judges in higher judiciary. The method had spawned glaringly bad decisions.

In its judgement yesterday, the Supreme Court struck down the NJAC Act as unconstitutional and void, restoring the collegium system.

The Supreme Court on Tuesday had pointed out deficiencies in the National Judicial Appointments Commission (NJAC) and said these infirmities could create “dangerous situations” like supersession of judges, inadequate regional representation, and presence of not enough women and dalits in higher judiciary.

Why ? The judges express their apprehension, not a point in law, thus : “You will leave many people dissatisfied under the new system. Judges will be superseded while deciding appointment in the Supreme Court and high courts as the selection will be on the…

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