The Supreme Court's supremacy

It should not be challenged, yet judges should not select judges

Jaimini Bhagwati

Illustration: Binay Sinha

In recent weeks, media reports have carried statements made by the vice-president and the law minister that the selection procedure for Supreme Court judges needs to be reviewed. In 2014, the National Judicial Appointments Commission (NJAC) Act was approved overwhelmingly by Parliament, under which the Chief Justice of India (CJI), the next two senior judges of the Supreme Court, the Union law minister and two other eminent persons would be members of the NJAC. In 2015, the Supreme Court struck down the NJAC Act as it was deemed to have violated the basic structure of the Constitution. Consequently, a collegium, which consists of the Supreme Court and the four senior-most judges, has continued to select judges for the Supreme Court and high courts.
About half a century ago, in April 1976, Supreme Court judges subordinated their sense of justice to favour the central government in the infamous habeas corpus case. The details are at, https://main.sci
Disclaimer: These are personal views of the writer. They do not necessarily reflect the opinion of or the Business Standard newspaper

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First Published: Jan 25 2023 | 10:22 PM IST

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