On October 16, 2015, a five-judge Constitution bench of the Supreme Court struck down the Constitution (99th Amendment) Act, 2014, that created the National Judicial Appointments Commission (NJAC) for appointing Supreme Court and High Court judges, by a majority of four to one. This verdict revived the collegium system with immediate effect.
The constitution of the NJAC had dealt a telling blow to the judiciary’s independence. The shadow of the law minister loomed large over the NJAC. The law minister presides as the head of India’s biggest litigant, the government. How can a litigant participate in a process to select judges of the Supreme Court and the High Court? I was a petitioner in person in this historic case, and thus had a chance to participate in the proceedings. The hearing went on during the summer vacation of 2015, spread over 32 days from 10:30am to 4pm. It was a legal battle at full throttle. Ultimately, the Supreme Court rose to the occasion and firmly protected the independence of the judiciary. The government lost.
Diese Geschichte stammt aus der January 28, 2018-Ausgabe von THE WEEK.
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Diese Geschichte stammt aus der January 28, 2018-Ausgabe von THE WEEK.
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