Judiciary vs executive | The collegium clash

Should a judge be elected by his peers or should the executive have a say in the matter? There has been a tussle between the central government and the judiciary over the appointment of judges in the top courts.

Kaushik Deka

new Delhi,date of issue: December 19, 2022 , Updates: December 10, 2022 00:13 IST

Union Law Minister Kiren Rijiju (right) congratulating the new CJI DY Chandrachud after he was sworn in Jan 9, 2022;  (Photo: Twitter/KirenRijiju)

Union Law Minister Kiren Rijiju (right) greeting the new CJI DY Chandrachud after he was sworn in 9, 2022; (Photo: Twitter/KirenRijiju)

heyn On 7 December, Deputy Speaker and Chairman of Rajya Sabha Jagdeep Dhankhar, in his maiden speech in the House, launched a scathing attack on the Supreme Court for its 2015 decision to strike down the National Judicial Appointments Commission (NJAC) Act, 2014. passed unanimously. In both Houses of Parliament, the NJAC sought to reverse the collegium system of judicial appointments. Describing it as an example of a “serious compromise of parliamentary sovereignty”, Dhankhar said that “there was no parallel in democratic history to such a development where a duly valid constitutional prescription has been judicially undone”.