Context:
The Supreme Court recently agreed to consider a Public Interest Litigation (PIL) challenging the Collegium system for appointments of judges to the Supreme Court and High Courts. The petition also seeks the revival of the National Judicial Appointments Commission (NJAC).
About the NJAC Act, 2014:
Constitutional Amendment: The NJAC was established through the 99th Constitutional Amendment to replace the Collegium system for higher judiciary appointments.
Composition: The Commission consisted of six members:
1Chief Justice of India (Chairperson)
2Two senior Supreme Court judges
3Union Minister of Law & Justice
4Two eminent persons
Judicial Verdict: The NJAC was struck down by the Supreme Court in the Fourth Judges Case (2015), holding it unconstitutional for violating the ‘Basic Structure’ principle, particularly judicial independence.
Concerns with the Collegium System:
1Opaqueness and Accountability Deficit: Decisions are taken internally by judges and are not answerable to Parliament or the executive.
2Exclusionary Nature: Criticised for under-representation of women and marginalised communities in the higher judiciary.
3Constitutional Ambiguity: The system emerged from judicial interpretation through the Three Judges Cases, raising concerns about Parliament’s limited role in institutional design.
4Vacancy Delays: Disagreements between the Collegium and the Executive often result in prolonged judicial vacancies.
IAS-2026 - OPTIONAL / GEOGRAPHY / PUBLIC ADMINISTRATION / SOCIOLOGY / ANTHROPOLOGY / ORIENTATION ON 03 & 04-10-2025 
