Judicial Independence and Reformation of the Collegium System: Evaluating the Njac Judgement and Foreign Judicial Appointment Systems

Abstract

The National Judicial Appointments Commission, introduced by the 99th constitutional amendment, was struck down by the Supreme Court of India while the collegium system was upheld. The basic structure doctrine of the independence of the judiciary was contested to be violated by the amendment, and the striking down of the amendment ensured that judicial supremacy was protected. Yet, India is the only country where the spirit of democracy is of utmost importance. Still, the judges are appointed by fellow judges in the current practice of the collegium system. In this research article, the researcher will evaluate the dissenting view of Justice Chelameswar in the NJAC judgement and tackle the issue of the need for reformation of the collegium system to make it more transparent and democratic. The article will also deal with a comparative analysis of the Indian judicial appointment setup and the setup of judicial appointments in foreign countries like the USA, UK, France, Australia and Canada to formulate recommendations for reformation in the Indian setup.