The attorney general exposed the drawbacks of collegium system,led the court to accept the flaws of the system.The sc invited the remedial suggestions. This system was in vogue since 1994. The MN Vekatachalaiah committee set up by NDA,in the year 2000 : The 121 amendment moved by NpA Got approval in Rajya sabha,but,could not be moved in Lokh sabha,before its term expired. The NDA brought in the 99th amendment bill & got it passed. in dec.2014 it became law.
The validity of the law was challenged in SC on the ground that it undermined the establishment & sustainability Of an "independent Judiciary" The 5 member bench of SC by a majority of 4:1 held the Act un constitutional & stuck it down, The NJAC was to have 6 members viz the cji & 2 eminent members of SC, the union law minister,7 two eminent persons.
NEGATIVE VOTE by any TWO members could ensure the defeat of any proposal. The judicial members had no primacy,it was decidedly in favour of the political masters.The parliament is free to change the system as long it ensures the freedom of the judiciary
The court accepted the flaws in the Collegium system & invited the "Suggestions" The addition of two or more persons will go a long way in Transparency,
The collegium had no mechanism to collect info to select the best candidate.Constant up dating of data base is a must. A new body may have to be crated to do this job,continuously . it must be controlled by the CJI.
The validity of the law was challenged in SC on the ground that it undermined the establishment & sustainability Of an "independent Judiciary" The 5 member bench of SC by a majority of 4:1 held the Act un constitutional & stuck it down, The NJAC was to have 6 members viz the cji & 2 eminent members of SC, the union law minister,7 two eminent persons.
NEGATIVE VOTE by any TWO members could ensure the defeat of any proposal. The judicial members had no primacy,it was decidedly in favour of the political masters.The parliament is free to change the system as long it ensures the freedom of the judiciary
The court accepted the flaws in the Collegium system & invited the "Suggestions" The addition of two or more persons will go a long way in Transparency,
The collegium had no mechanism to collect info to select the best candidate.Constant up dating of data base is a must. A new body may have to be crated to do this job,continuously . it must be controlled by the CJI.
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