Srishti Maheshwari & Ojasvi Chhabra, Jindal Global Law School
ABSTRACT
This research paper is a critique on the NJAC Judgment that aims to bring a multifold perspective to one. It begins with explaining the origin and flaws with the current system of the Collegium and questions the distrust between the judiciary and the executive, revisiting the system of Checks and Balances. It sheds light on the concept of Judicial Independence and Judicial Primacy with respect to the basic structure of the Indian Constitution. Further, it highlights the flaws responsible for the failure of NJAC as a replaceable panel. Lastly, this paper uses contrasts to the systems followed in different nations to suggest a better model than the existing Collegium and the NJAC. Not only this, but a suggestion is also given to pave the way for a more transparent, accountable and fair system to the very virtue of this democratic nation and the essence of Justice that lies within.
