With the Congress and regional parties deciding supporting the NDA’s Constitution amendment bill to set up the National Judicial Appointments Commission (NJAC), the collegium system of appointing judges to the Supreme Court and high courts is set to become history. The new legislation seeks to replace the existing judges-appointing-judges system with a 6-member Commission.
Realizing the lack of numbers to stall the bill, the Congress decided to express its concerns while voting in favour of the bill. Congress objected to two provisions — giving “veto” to members of the Commission to reject names proposed for appointments and requiring unanimity in case a name returned by the President is reiterated. The party is of the view that these provisions would compromise the independence of judiciary.