The near unanimity in passage of the National Judicial Appointments Commission (NJAC) which consists of the Law Minister, Chief Justice of India, 2 Supreme Court judges and two ‘eminent persons’, to replace the Collegium system which consisted of only Supreme Court and High Court judges is another step in the evolution of the nominating authority of judges and which gives broader judicial-politico-academician twist to the selection process.
This is a major decision which will have wide repercussions in the powers of the NJAC and will deviate from the until now pure judicial system. What constitutes an independent judiciary is the mute question. Is it the fact that the judiciary should be chosen from amongst those who do not have a vested interest and are purely judicially-centric and not extra-judicial?
If it is imagined that the NJAC system will appoint a different judge as against the Collegium system, then it is inherent that, that different judge will lead to a different interpretation and therefore legal determination which will change the course of how laws are being viewed and sentences passed.
Since appointment of independent and neutral judges is very much relevant to the ways the apex and high courts deliver justice, this NJAC system which has been adopted almost unanimously is thus a chosen path by virtue of being given legal reins in India and thus none can complain as at least politically since it is near unanimous.
Therefore, the judiciary that was supposed to be detached and independent has now got blended into other than mere legal eagles. Their contention is that legal decisions will lean on appointments made by other than those who are masters of the law and thus legal decisions are bound to be divergent now from what might have been and thus the aspect of pure legal entities has now been compromised and has become an intrinsic part of the law interpreting mechanism in India.
Whether one likes it or not, another CJI and another set of judges to the apex court and the high courts will definitely mean different judgements on all aspects of laws referred to them. Either way conformists will continue abiding by the law no matter who pronounces the verdict.
