Advocate Mathews Nedumpara sought reconsideration of the NJAC judgment before a bench led by CJI Surya Kant, also joined by foreign judges. The CJI responded sharply, saying “Ab hum Hindi mein jawab denge” during a tense exchange.
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NEW DELHI: In a notable development inside the Supreme Court of India, Advocate Mathews Nedumpara mentioned a case before the bench led by Chief Justice of India Justice Surya Kant, requesting reconsideration of the National Judicial Appointments Commission (NJAC) judgment and the current collegium system of judicial appointments. The hearing saw a brief but intense exchange between the lawyer and the Chief Justice.
While mentioning the matter, Advocate Mathews Nedumpara stated that his plea concerned:
- Reconsideration of the collegium system
- Reopening of the NJAC judgment
- The argument that previous benches did not consider his submissions adequately
He asserted that his petition had not been heard fairly by earlier benches.
During the exchange, the Chief Justice responded to Nedumpara’s request by acknowledging the plea and saying:
“Yes, we will see.”
When Nedumpara continued pressing that other benches had not considered his request, the CJI reacted strongly and said in Hindi:
“Ab hum Hindi mein jawab denge… jaan-boojhkar yeh kar rahe ho tum… hum Hindi mein baat karenge.”
Nedumpara immediately replied:
“I don’t understand Hindi.”
To which the Chief Justice concluded:
“We will consider the plea.”
Foreign judges also joined the bench.
Chief Justices and judges from several foreign jurisdictions who took part in the Supreme Court Bar Association’s (SCBA) Constitution Day event today were also present in the Supreme Court, joining Chief Justice of India Surya Kant and Justice J Joymalya Bagchi during the proceedings.
The visiting dignitaries included the Chief Justices of Bhutan, Sri Lanka, Kenya, and Mauritius, along with judges from the Supreme Courts of Kenya, Nepal, Sri Lanka, and the Federal Court of Malaysia.
Collegium system
The Supreme Court Collegium system is the mechanism for appointing and transferring judges to the Supreme Court and High Courts. It is not created by the Constitution or any law enacted by Parliament; instead, it evolved through a series of Supreme Court judgments known as the Three Judges Cases. Through these rulings, the power to select judges shifted from the Executive to a group of senior judges of the Supreme Court.
Constitutional Basis
Although the Collegium system itself is not expressly mentioned in the Constitution, Articles 124(2) and 217 provide the constitutional foundation for the appointment of judges to the Supreme Court and High Courts. These provisions say that judges are appointed by the President, in consultation with judges of the Supreme Court and High Courts. Over time, the Supreme Court interpreted the word “consultation” as “concurrence”, which gave rise to the Collegium system.
Composition
- The Supreme Court Collegium is headed by the Chief Justice of India (CJI) and includes the four senior-most judges of the Supreme Court.
- The High Court Collegium is headed by the Chief Justice of the High Court and its two senior-most judges.
The government plays a role only after the Collegium finalizes a name, mainly for background checks and formal appointment.
Click Here to Read Our Reports on Collegium System
