National Judicial Appointment Commission: Analysis of the System of Appointment of Judges in India
The National Judicial Appointments Commission was the first of its kind. On October 16, 2015, the Supreme Court struck down the National Judicial Appointment Commission Act (NJAC) holding it void and unconstitutional. It was the pioneer step that not only questioned but also attacked one of the pillars of the Constitution of India, namely, independence of the judiciary, the structure of appointment of judges. The paper tries to explore a long-standing controversy regarding appointment of Judges of High Courts and the Supreme Court of India, the role of the executive in that process and how it influences independence of the judiciary in the light of a historical decision in Supreme Court Advocates on Record Association v. UOI. Since the decision struck down the Act that had called for setting up the National Judicial Appointments Commission, the executive branch took a more proactive role in the appointment process. The paper is divided into three parts. The first part deals with the transformation of the appointment system in India by analysing various constitutional provisions and court cases. The second part consists of an analysis of the NJAC judgement with the help of the issues raised and arguments made. The third part of the paper deals with the debate between two relevant elements of the Basic Structure: independence of the judiciary and maintaining a system of check and balances between various bodies of government.