A bench comprising CJI D Y Chandrachud, Justices JB Pardiwala and Manoj Misra Today (April 29th) refused to consider listing of a plea seeking abolition of the collegium system of judges appointing judges in the higher judiciary.
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New Delhi: The Supreme Court declined to consider a plea calling for the abolition of the collegium system, in which judges appoint judges in the higher judiciary. The plea was brought forth by lawyer Mathews Nedumpara, who expressed frustration over his writ petition not being listed for hearing despite several mentions.
“I have mentioned it several times. The registry has rejected it and is not listing my petition,”
-the lawyer said.
Chief Justice D Y Chandrachud, along with Justices JB Pardiwala and Manoj Misra, responded to Nedumpara’s plea. The Chief Justice noted that the Registrar (Listing) had deemed the petition non-maintainable following a Constitution bench ruling on the matter. He explained,
“The Registrar (Listing) has said that once the Constitution bench has ruled on something, an Article 32 petition is not maintainable. There are other remedies against the registrar’s order.”
Nedumpara, emphasizing the importance of the issue, argued,
“This is about the credibility of the institution. The Collegium system has to go.”
However, the Chief Justice could only offer an apology, indicating that the matter could not proceed in the current legal framework.
“I am sorry,”
-the CJI said.
The controversy surrounding the collegium system dates back to a significant ruling on October 17, 2015, by a five-judge Constitution bench. This bench deemed the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment, which aimed to involve politicians and civil society in the appointment of judges, unconstitutional.
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It affirmed that an independent judiciary is a fundamental component of the Constitution’s basic structure.
Attempts to review this judgment were also dismissed. The NJAC, proposed by the National Democratic Alliance government, would have consisted of a six-member body including the Chief Justice of India, the two senior-most judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent persons.
This proposal was an attempt to replace the collegium system, where a select group of judges holds the authority to make judicial appointments in the Supreme Court and high courts.
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