New Delhi: Government decided not to go back on the NJAC- National Judicial Appointments Commission, even after the honourable Apex Court opined that the said Collegium System as sought to replace the NJA Commission system, had always the executive on Board.
The statement for the Government was made by the Law Minister, Sadananda Gowda, assuring the Members that the Government being firm on NJA Commission. This is in relation to the ongoing contingencies and confusions in relation to the Appointment process of Judiciary.
However, the Government would not go ahead with the proposed panel meeting for nominating two eminent persons as the Chief Justice of India, H. L. Dattu has refused to attend the same in last month, said by Law Minister, Gowda for making his statements clear. He specify that the Judicial independence is certainly not intended to encroach upon by the Government.
Mr. M. Thambidurai, being Deputy Speaker and leader of AIADMK, opposing the confusion created by the Government, said that the setting up of NJA Commission had been approved by the Parliament and the Government had also come out with the notification.
It was seen in the meantime that the honourable Apex Court of India had strongly responded on the argument preferred by the Central Government that the Parliament had created NJA Commission for selecting the Judges based on broad’ process where all three organs of the nation are included instead of only inclusion of Judiciary.
While the Court was reading the NJAC Act’s objectives, where involvement of all organs of the Governance sought under it for selection process of Judges, the Senior Advocate, Mr. Ram Jethmalani while opposing the NJA Commission, was found stating that though the independence of Judiciary is protective by the devise being Collegium System, however, the said is having a drawback i.e. being its non-transparent.
It was observed by the Bench of honourable Apex Court, comprising of Justices, J. S. Khehar, Justice, J. Chelameswar, Justice, M. B. Lokur, Justice, K. Joseph and Justice, A. K. Goel that the existing Collegium system is always having on its board the Executive, as the names recommended for the appointment of Judges were always sent for the clearance to the Governors and Chief Ministers concerned and also to the Union Government finally.
Similarly, the charge of the senior Advocate, Ram Jethmalani and P. Bhushan, that the said Collegium was a ‘closed- door process’, was countered by the Apex Court and the Court further refused to agree with the suggestions put forwarded by them that the names short- listed for the candidature of the Judges posts, to be made public and even the vacancies in respect thereof to be advertised.
by Faim Khalilkhan Pathan.