Cash discovery row brings into limelight NJAC which sought to replace collegium system

The row over the alleged discovery of cash from the residence of a Delhi High Court judge has once again brought into focus the system of appointment of judges and the National Judicial Appointments Commission (NJAC) Act, which was struck down by the Supreme Court as unconstitutional.

Both Houses of Parliament had passed the NJAC Act, which gave greater say to the executive in the appointment process, with near unanimity.

The current collegium system has often come under fire for lacking transparency by politicians and some eminent jurists, who contend that judges appointing judges without any say of the Executive has led to complaints of nepotism and favouritism.


Under the collegium system, which came into existence in 1993 after a Supreme Court judgement, five top judges of the apex court recommend the appointment, transfer and elevation of judges to the Supreme Court and the 25 high courts.

The government can return the recommendation to the collegium under this system. It usually accepts the recommendation if it is reiterated by the collegium. But there have been cases when the government has returned the file again or has not responded to the recommendations.

Successive CJIs have defended the system saying it has stood the test of time and was working without any hitches.

What is NJAC

The bill was passed by Parliament in August 2014 and the Act came into force on April 14, 2015, after it was ratified by half of the state legislative assemblies.

Under the now-struck-down law, the Chief Justice of India was to head the NJAC. Besides the CJI, the judiciary was to be represented by two senior judges of the Supreme Court. Two eminent personalities and the law minister were to be the other members of the body.

The prominent people, one of whom will belong to either of SC/ST, OBC, minorities or a woman, were to be selected by a panel of Prime Minister, Chief Justice of India and the leader of the opposition in the Lok Sabha or the leader of the largest opposition party in the Lower House.

The body was tasked to shortlist candidates to be appointed as SC and HC judges who were to be appointed by the President of India.

The critics of the law had maintained that it would hamper the independence of Judiciary.

A government bungalow at Purana Quila Road was allocated to the NJC to set up a secretariat.

On October 16, 2015, the top court struck down the law describing it as unconstitutional. The decision revived the collegium system.

The SC verdict emboldened the supremacy of the Judiciary in the appointment of judges.