India has plethora of cases which help us to reach our constitutional goals but it is also pertinent to note that most of the cases are not implemented. One such important issue to be dealt with is the independence of Judiciary. Though the NJAC Act was declared unconstitutional, the Collegium System was restored, can we witness the effectiveness? The Retired Justice A. K. Sikri expresses his opinion regarding the same at the launch of the book written by Advocate Chintan Chandrachud.
In the current regime, institutions have lost trustworthiness and it is bitter to note that the Judiciary is also falling in the similar path. The Article 50 of Part-IV of the Constitution of India specifies an obligation on the state to separate the judiciary from the executive, Articles 121 & 211 allow the Legislature to engage in the impeachment process but cannot comment on the conduct of Judges of the High Court or the Supreme Court. The bench with the verdict of 4:1 adjudged that NJAC Act is unconstitutional and void, it held that the collegium system which existed before NJAC would again become operative. They also stated that the appointment of judges by judges isn’t going well. This bench gave its verdict in the year 2015 headed by the then Chief Justice of India, Khehar, who said, “Help us improve and better the system. You see the mind is a wonderful instrument. The variance of opinions when different minds and interests meet or collide is wonderful“. Other Judges comprising of Justices J. Chelameswar, Madan B. Lokur, Kurian Joseph and A.K. Goel, gave separate judgments explaining the deliberation, reasoning and individual conclusions they arrived at on the NJAC and the Constitutional Amendment.
Nevertheless, Justice AK Sikri during the launch of a book written by Advocate Chandrachud that India’s collegium requires “reconsideration” affirmed with the same. He mentioned that judiciary has a system to appoint, but most of the time, the evaluation was relied on impressions and there had been times where the deserving cases were left out and less-deserving cases were allowed to be given judgments by the Superior courts. The panel for this discussion was Shekhar Gupta, Editor-in-Chief, ThePrint. “The cases that India forgot” talks about 10 legal cases that “have all but faded from public memory”. It also details some other cases which were criticised for various reasons. This book is written by Chintan Chandrachud, son of Justice DY Chandrachud and who is known for his book Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom.
- Justice Chandrachud said changes are required in certain areas to appoint Judges.
- Lawyer can be brought for judgeship for a shorter span of time.
- Justice AK Sikri is a Judge of Singapore International Commercial Court (SICC).
- He was sworn as a Judge in Supreme Court in 2013 and served as The Chief Justice of Punjab & Haryana High Court.
- He retired from Supreme Court on 6th March, 2019.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
- ThePrint, Collegium system needs reconsideration, says former Supreme Court judge AK Sikri https://theprint.in/india/collegium-system-needs-reconsideration-says-former-supreme-court-judge-ak-sikri/358080/
- The Hindu, SC Bench strikes down NJAC Act as ‘unconstitutional and void’ https://www.thehindu.com/news/national/supreme-court-verdict-on-njac-and-collegium-system/article7769266.ece