The NJAC vs Collegium Debate

Aflurry of statements from the Minister of Law and Justice and the Chief Justice of India have rekindled the National Judicial Appointments Commission (NJAC) versus collegium debate. This is not the place to discuss the merits/demerits of each system, since this has been discussed quite often. Instead, one may put forth some of the observations with respect to the Supreme Court collegium’s recent recommendations (re-recommendation would be a more appropriate word) of advocates for appointment as judges in high courts.

On 18 January 2023, the Supreme Court collegium once again recommended the names of Amitesh Banerjee and Sakya Sen to be elevated as judges of the Calcutta High Court. Moreover, the collegium also recommended other individuals to be elevated to the position of judge in various high courts. The recommendation of advocate Saurabh Kirpal made headlines, who would be the first openly gay judge in India, if the collegium’s recommendation is accepted by the Department of Justice.