Collegium illegal, NJAC will work better: Government

NEW DELHI: The Modi government told the Supreme Court that the newly-created National Judicial Appointments Commission (NJAC) would work better than the existing collegium system. Calling the existing mechanism “illegal”, the government said even those who were instrumental in creating the mechanism, such as former Chief Justice JS Verma, had criticised the collegium system for its shortcomings.

“Experience had shown that all is not well with the collegium system… (it) is completely illegal. Several judges who were part of the collegium had written articles criticising the present system. The Venkatachaliah Commission recognised this and recommended a National Judicial Commission,” Attorney General Mukul Rohatgi told the court on Wednesday.

It is the will of Parliament to determine the number of people to be in the commission, he said. “No one can find fault if the law suggests six persons to be in it instead of five as suggested by the Justice Venkatachaliah Commission,” the AG told a bench, comprising Justices Anil R Dave, Jasti Chelameswar and Kurian Joseph. The bench is hearing a slew of petitions challenging the legislation creating the NJAC.

These have received presidential assent, but were yet to come into force. The AG opposed any court interference in the process at this stage as premature. The court should not examine the validity of a law before it is notified, he said. Rohatgi assured the court that the NJAC would work better than the collegium system.