CRITERIA FOR APPOINTMENT OF JUDGES- NEED OF THE HOUR WITH REFERENCE TO NATIONAL JUDICIAL APPOINTMENT COMMISSION ACT

Abstract National Judicial Appointment Commission is an act became statute on December 31, 2014, consisting body of six members articulated to appoint judges for Indian Judicial system which replaces years old collegium system. Proviso of two eminent persons and their identity is still in dark and unanswered. Original constitution empowers President to consult the judges and make appointments as he may deem necessary for the purpose. Considering voice of executive body for the said purpose is not tenable in law and violates the Independency of judiciary thereby violating the basic structure of the Constitution of India. Collegium could be aptly described as ‘judicial coup of power’ from the actual authority, contrary to the original constitutional scheme through the process of interpretation. If, the collegium was to be criticized allegedly curtailing the president’s power in appointing judges, the National Judicial Appointment Commission is no better. Exclusion of an executive voice in the matter of appointment is the only way to maintain the independence of the judiciary. Regulations and criteria for suitability, conditions and selection grounds are yet to be set by the commission for appointment of judges. Finality is given to the words of the commission which goes contrary to the constitution. History has been a witness to the fact that, there has never been any sort of regulations, norms, conditions or criteria of suitability for appointment of judges like other common law countries, except a conventional system created by judges on their own. Absence of constitutionally approved guidelines and a set of criteria for appointment and elevation of judges have given a room for corruption in the judicial system. The said guidelines will be a substantial support to president for appointment of appropriate judges with clear history and performance of candidates