CJI Chandrachud declines to hear petition to end collegium system
01/05/2024
NEW DELHI, Apr 30: In a recent proceeding, the Supreme Court of India, led by Chief Justice D.Y. Chandrachud, refused to entertain a petition challenging the collegium system for the appointment of judges to high courts. The bench, also comprising Justices J.B. Pardiwala and Manoj Mishra, dismissed the plea by lawyer Mathews Nedumpara, who argued that his petition warranted listing for a hearing.
Nedumpara expressed his frustration, stating, "I have mentioned this several times. The registry has dismissed it and is not listing my petition." In response, Chief Justice Chandrachud remarked, "The registrar has stated that once the constitutional bench has delivered a verdict on a matter, a petition under Article 32 (which allows for direct filing in the Supreme Court on grounds of fundamental rights violations) is not maintainable. There are other remedies available against the registrar's order."
The lawyers lamented the rejection of a review petition against the decision on the National Judicial Appointments Commission (NJAC) in chambers, arguing that it is a matter of the institution's credibility. "The collegium system needs to end," they asserted. To this, the Chief Justice responded with an apology, stating, "I would like to apologize."
The five-judge constitutional bench had earlier ruled the NJAC Act and the 99th Constitutional Amendment, which sought to involve leaders and civil society in the appointment process of judges to the high and supreme courts, as unconstitutional on October 17, 2015. The bench declared that an independent judiciary is an integral part of the constitution's basic structure.
The ruling coalition government had introduced the NJAC Bill to abolish the collegium system, which allows a group of judges to decide who will become judges in the high courts and the Supreme Court. The proposed NJAC was to be a six-member body, including the CJI, two senior-most Supreme Court judges, the Union Minister of Law and Justice, and two eminent persons.
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