Friday, October 23, 2015

99th constitutional Amendament::NJAC OUT

The SC has declared NJAC void & un-constitutional : TheSC has upheld the values of constitutionalism & independence of judiciary : A basic structure : it has called it a collective order.As per  Ambedkar's constitution The judiciary is supposed to be Completely independent from extraneous influence like Executive & Legislature.The court has carefully examined the Article 124A(1) The membership of the NJAC was as follows:-Besides CJI,two senior judges(Ex-officio members,)The union Law minister, & two eminent persons: Who are this eminent person has not been defined,should they be SC,ST,Muslim other BC ?? The court fears the three non judicial members may undermine the independence of the judiciary.It feels article 124A, clause a & b are insufficient to preserve & uphold the independence/primacy of the judiciary:The SC does not like the Law minister's presence under clause (C) of 124A(1) It thinks  his  Drect involved in the deliberations of the judges appointment.is not healthy .The presence of Law minister in the NJAC impinges on the independence of judiciary & also affects the theory of separation of powers. The presence of CJI in a selection committee along with the PM & the opposition party leader to select an Eminent leader is sure to embaras the CJI, because the Govt can negotiate different positions & appointments  that will best reflect their own interests. It is in effect means packing the court.. The principle of give & Take,that is normally seen is most un-suitable & may put THE CJI in an awkward position : The collegium  system had lot of drawbacks.It lacked transperency. No body outside the system knows what is the procedure adopted to choose the judges. This has opened a window for SC to be self critical & more transparency in the appointment of Judges: In the past no body outside the collegium knew, why some one was appointed & the other/others were rejected as a judge. The system of reverting back to Collegium to suit the whims & fancies of the members casts shadow on the integrity of the judges. The credibility of the judiciary is at stake. Unless we know why a judge was appointed & the others were rejected,without assigning reasons. is no show. By just declaring the NJAC as void,does it automatically mean going back to the collegium system? Is reforming the collegium system in process?How will it restore faith in the legal system of this country; let us wait for Nov/03 to learn more about the decision on improving the Collegium

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