NATIONAL JUDICIAL APPOINTMENTS COMMISSION, THE NEED TO REVISIT IT
Aringada Chacko Philip, Faculty of Law, SOEL, Tamilnadu Dr. Ambedkar Law University
& Practising advocate, Supreme Court of India.
The basic structure of our constitution is democratic and even the parliament is not authorised toamend such democratic authority. In a democratic process, no authority can exist, not being answerable to anybody. Hence it has no right to enjoy unaccountable and unbridled powers. The political authority is answerable to the people through elections. It is at these crossroads the NJAC Act,2014 stands. It is told that the power corrupts and the absolute power corrupts absolutely. Nepotism and corruption became the hallmark of our judicial system, which is supposed to be the last asylum for the common man against executive excesses. Further, registration of FIR against the judges is not possible! Supremacy to the views of judges in the selection and transfer of judges is bound to be corrected. Under the banner of the depoliticising judiciary, such supremacy is brought in. If such a logic goes in, there are other institutions as well, like, CAG, Election Commission, CVC, the Speaker, and even the President of India, who are supposed to function without political inclinations. Any organ of democracy, which are not accountable to the sovereign, 'we the people', in a chain of responsibilities are ultimately undemocratic, tyrannical and the seat of absolute corruption. The instant article gives a glimpse into such a complex issue
in most simple language.