Post striking down of NJAC Act the Judiciary and Govt. are at loggerheads for the last more than a Year.
Over 2 decades old & highly criticised for its opaqueness, theApex Court collegium headed by CJI JS Khehar is expected to get a dose of transparency very soon as add on to evolving basic criteria for selection of the judges to the higher judiciary.
The judges in the collegium are Justices JS Khehar, J Chelameswar, Dipak Misra, Madan B Lokur and Ranjan Gogoi.
Interestingly, 3 of them – Justices Khehar, Lokur and Chelameswar – were part of the 5-judge constitution bench which struck down the NJAC i.e.National Judicial Appointments Commission & revived back the collegium system.
But all 3 had said that the collegium system, though definitely better than NJAC in protecting the independence of judiciary, had been much criticised for lack of criteria in selecting judges for superior courts and lack of transparency.
The collegium headed by former Chief Justice of India TS Thakur had faced problem in deciding names for appointment to the Apex Court as Justice J. Chelameswar had demanded that views of the collegium members must be recorded in writing.
When his demand was turned down, Justice Chelameswar decided not to attend collegium meetings. However, he continued to express his opinions in writing on the files of people considered for judgeship.
Despite the fact NDA govt. appointing a record 126 judges to High Courts, the vacancy position is still at an alarming 43%.