The National Judicial Appointment Commission – A Critique

The National Judicial Appointments Commission Act, 2014 ("NJAC Act") has been notified in the official gazette on the 13th of April, 2014. The Judicial appointment mechanism provided for in these Acts has become a subject of controversy raising fresh concerns about judicial independence and accountability.

Article 124A has been introduced in the Constitution of India, which provides for the National Judicial Appointments Commission (Hereinafter called "the NJAC") consisting of the Chief Justice of India, two other senior Judges of the Supreme Court, the Union Minister of Law & Justice and two eminent persons nominated by a committee consisting of the Prime Minister, the Chief Justice of India and the Leader of the Opposition in the House of People, and if no such Leader is there then the Leader of the single largest Opposition Party in the Lok Sabha.