NJAC in Collegium System:

• The Constitution of India has given the higher judiciary an important function in addition to adjudication of disputes:
  • To regulate the executive and legislature to stay within the bounds of their powers.
  • To prevent the executive from violating the laws, the Constitution and the fundamental rights of people guaranteed by the Constitution.
  • To prevent the legislature from violating the Constitution.
• The Supreme Court was anointed the final arbiter of the Constitution, and in the landmark Kesavananda Bharati case, it held that even a constitutional amendment could not violate the basic structure of the Constitution. 
• The independence of the judiciary from the executive and legislature has been regarded as a cornerstone of the Constitution, and the Supreme Court has held it as an inviolable part of the basic structure of the Constitution. The independence of the judiciary was seen not just as functional independence but independence in manner of appointments. 
• With appointments taken over by the judiciary, the government’s ability to influence the appointments and thus appoint politically partisan or pliable people got reduced, but the problem of nepotism and arbitrariness continued. 
• In order to regain some control over appointments, the government introduced the National Judicial Appointments Commission (NJAC) Act. 
• The Supreme Court did not take this opportunity to lay down any system of transparency in the selection of judges. 
• There also needs to be some transparency in the selection to prevent arbitrariness or nepotism. Minimum transparency would require that the criteria for selection of judges be made known, the comparative evaluation of candidates also be made known, and names of shortlisted/selected candidates announced before the appointment so that those who have relevant information about the candidate can send it to the appointing authority. 
• Appointments to the higher judiciary are too serious a business to be left to people who do not have any time and who function without any system or transparency. 
• It is imperative that a system for selection of judges be put in place and a full-time independent body be constituted to ensure that only those persons who are in tune with the egalitarian constitutional philosophy, and who have some sensitivity and understanding about the common people of the country are appointed. 
• The road to securing judicial accountability is long and hard, but proper accountability for such a powerful and vital organ like the Indian judiciary is essential for the survival of the rule of law and democracy in this country.