The document serves as a comprehensive background material supporting advocacy efforts for the establishment of the National Judicial Commission (NJC) in India. It collates insights and recommendations from prominent jurists, comparisons of international judicial appointment systems, and a series of correspondences directed at influencing key decision-makers about the need for judicial reforms. The advocacy aims to replace the existing collegium system, which is often criticized for its opacity and exclusivity, with a more democratic and transparent NJC model that involves both judicial and non-judicial members in the process of judicial appointments.
The material is divided into several annexures, each addressing different facets of the proposed NJC. One section details the appointment mechanisms of the higher judiciary in several democracies, highlighting the varying levels of involvement by the executive, legislature, and judiciary in these processes. This comparative analysis underlines the global trend towards more balanced and inclusive appointment mechanisms, suggesting that India’s judiciary could benefit from similar reforms.
Further, the document contains a series of letters and recommendations from respected legal figures such as Justice M.N. Venkatachaliah and Justice J.S. Verma, who advocate for the NJC. These letters are addressed to various stakeholders including the Prime Minister and the Supreme Court, stressing the urgency and necessity of establishing the NJC to preserve the judiciary’s independence while enhancing its accountability. The jurists propose a model for the NJC that seeks to balance judicial independence with accountability by including members from the judiciary, executive, and eminent laypersons, aiming to enhance public confidence in the judicial appointment process.
The annexures also discuss the potential impact of the NJC on the judiciary’s integrity and public perception. By instituting a more transparent appointment mechanism, the NJC is expected to mitigate issues related to nepotism and bias, which have marred the reputation of the judiciary. The document argues that such reforms are crucial not only for maintaining the rule of law but also for ensuring that the judiciary remains a robust pillar of democracy in India.