New Delhi: The Supreme Court bench led by the Chief Justice of India, DY Chandrachud, on Thursday agreed to look into the petition challenging the collegium system for the appointment and transfer of judges and seeking revival of the National Judicial Appointment Committee (NJAC). The petition has been filed by Advocates Mathews J Nedumpara, Rohini Mohit Amin, Maria Nedumpara, Rajesh Vishnu Adrekar, Hemali Suresh Kurne, Sharad Vasudeo Koli, CA Manisha Nimesh Mehta, and Karan Kaushik.
The plea was mentioned before CJI Chandrachud-led bench by Advocate Mathews Nedumpara. Adv Nedumapara wanted it to be heard on February 24 but the Court refused and said that it will grant the date for a hearing after going through the petition. The petition contends that the "collegium system of appointment of judges has resulted in the denial of equal opportunity for the petitioners and thousands of lawyers who are eligible, meritorious and who deserve to be considered".
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"A mechanism in substitution of the collegium is the need of the hour. The petitioners have made repeated representations to the Government to bring about the requisite mechanism. However, nothing concrete has taken shape. Moreover, rather than the government, it is for the Hon'ble Supreme Court itself to correct the error caused in creating the Collegium and in quashing the National Judicial Appointments Commission Act. Hence, the instant writ petition under Article 32 of the constitution," read the plea.
It says that the collegium system has become "a synonym for nepotism and favoritism and deprives thousands of lawyers of fundamental right for an equal opportunity". The plea prays for directions to the government to take legislative and executive action to ensure an open and transparent system of appointment of judges by notifying vacancies and inviting applications from all eligible and desirous people.
It seeks directions to the SC and HC collegiums to notify vacancies and invite applications, and also a review of the judgment that quashed the NJAC Act and to restore the file and hear it in open court. The petition seeks directions to the Government of India to consider the feasibility of bringing the Indian Judicial Service along the lines of IAS, IPS, IFS, IRS, etc.
