Judicial Appointments Conundrum Pre-NJAC Verdict

Collegium was revived to avoid chaos and tyranny

  1. If the collegium was not revived, then there were chances that President may become a tyrant by assuming absolute powers to appoint judges on his own.
  2. This is how the Supreme Court’s Constitution Bench explained its decision to restore the collegium.
  3. Previously, Solicitor-General had argued against the revival of the collegium in case the Bench decided to strike down the NJAC.
  4. This would have given rise to a void, where President would assume absolute powers to appoint a judge to the SC without consulting the CJI.
  1. If the collegium was not revived, then there were chances that President may become a tyrant by assuming absolute powers to appoint judges on his own.
  2. This is how the Supreme Court’s Constitution Bench explained its decision to restore the collegium.
  3. Previously, Solicitor-General had argued against the revival of the collegium in case the Bench decided to strike down the NJAC.
  4. This would have given rise to a void, where President would assume absolute powers to appoint a judge to the SC without consulting the CJI.

Justice Kurian said that Constitutional amendment is a substitution and once the substitution was held to be bad in law, the original provision would return to life.

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