Has CJI Surya Kant reopened the NJAC vs Collegium debate?

Chief Justice of India Surya Kant’s indication that the Supreme Court may reconsider the 2015 verdict striking down the National Judicial Appointments Commission marks a potentially transformative moment for India’s judicial system. The NJAC, introduced by a constitutional amendment, sought to give the executive a role in appointing judges, but was invalidated for undermining judicial independence. For nearly a decade since, the Collegium system—where judges appoint judges—has governed appointments to higher courts, despite recurring criticism over opacity and lack of accountability. The Court’s willingness to revisit its earlier ruling suggests a renewed openness to balancing transparency and autonomy in judicial selection. If the 2015 judgment is reopened, it could spark one of the most consequential constitutional debates in recent years, potentially redefining the power equation between the judiciary and the executive in shaping India’s constitutional courts.

 

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