UNVEILING THE STRUCTURE OF JUDICIAL APPOINTMENTS: EXAMINING COLLEGIUM AND NJAC THROUGH LANDMARK JUDGMENTS

Abstract

This article explores the Collegium System as an implied constitutional architecture regulating judicial appointments in India and outlines its development through significant judicial decisions. While not explicitly outlined in Constitution, Collegium has evolved via judicial interpretation to maintain judicial independence and uphold principle of separation of powers. In contrast, National Judicial Appointments Commission, that was introduced by 99th Constitutional Amendment, aimed to reform the Mechanism of Judicial Selection by incorporating executive involvement. Nevertheless, Supreme Court declared NJAC unconstitutional for infringing upon the basic structure doctrine. This comparative analysis underscores accountability and democratic oversight, highlighting how different appointment mechanisms influence public trust and judicial integrity.