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An Analysis of the National Judicial Appointment Commission ‘The Verdict’

Tejpal Singh Rathore, Student, Gujarat National Law University, Gandhinagar

ABSTRACT

Democracy, Law and Politics are subjects that are most difficult to understand and comprehend. This is all the more exemplified in a nation as diverse as ours. On 16/10/2015 the Hon. Supreme Court of India by a majority of 4:1 struck down the 99th constitutional amendment act 2014 as unconstitutional, which provided for The National Judicial Appointment Commission. The judgement is more significant and historic in a sense as it was hearing a constitutional amendment after 35 years. The apex court of the country, the Hon. SC reiterates the principle of independence of judiciary and thus concluded it cannot taken away in any condition. A mixed response can be seen among political thinkers and eminent persons; some termed it as “judicial arrogance” instead of “judicial independence”, while some as a remarkable step, as judiciary has to be independent of executives. Judiciary is one of the pillars on which edifice of the constitution is built. The judiciary seeks to ensure that all the organs of the state are within its powers, thereby ensuring rule of law. We as a common man expect justice from judiciary and fight till the apex court of the country, thereby it becomes a matter of paramount importance that judiciary is transparent and accountable to people of the state. Martin Luther King Jr. Said “our lives begin to end the day we become silent about things that matter”. In order to understand, this article attempts to present a holistic picture of possible academic arguments and an integrated and comprehensive approach toward both the aspects.

Introduction

India, the world’s largest democracy, a land of diversity in terms of religions, language, dialects, cultures and customs, after nearly two hundred years of British Raj, broke off the shackles from colonialism. And finally on 26th of November 1949, adopted its fundamental law, the supreme law, “the Constitution of India” and thereby, established rule of law. To secure stability and prosperity in any society there is a need of powerful, competent and independent judiciary. So our constitution provides for a separate and independent judiciary from the executives.[i] And it does reflect the will of framers of constitution when Dr. B.R. Ambedkar responds to the concerns of the members of constituent assembly that;

            “There can be no difference of opinion in the house that our judiciary must be both independent of the executive and must also be competent in itself. And the question is how these two objects can be secured “.[ii]

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