Judicial Primacy in appointment of judges is a part of basic structure, however both proposed NJAC and the current collegium system violates that? Comment. (150 W/ 10 M)

Mentor’s Comment:

  • Primacy has been decided in 2nd judges case. The ideal of Judicial Primacy as embodied in Art – 124 and 217 of the constitution has been lauded as a guarantor of Judicial independence in appointments. Referring that explain the meaning of Primacy in Indian judicial appointments.
  • Further, compare how the Collegiums system (provides upper hand to judiciary in selection of judges as along with CJI, four senior most judges plays supreme role) with that of NJAC (where CJI as chairman and two senior most judges as member will play prominent role, also the two other members apart from law and justice minister should be selected by committee comprising CJI and others).
  • Next, analyze how both systems failed to establish Judicial Primacy as the mainstay of judicial appointments.
  • Mention way forward, what in your opinion is best way to maintain judicial primacy.
  • Bring conclusion based on the points mentioned in main part.