Justice Yashwant Varma Controversy & NJAC Debate

Current Context: The discovery of semi-burnt cash at Justice Yashwant Varma’s residence has reignited debates on judicial accountability and the need to revisit the National Judicial Appointments Commission (NJAC).

Judicial Appointments Evolution

• Pre-Collegium Era (1950–1973): Judges appointed by the President in consultation with the CJI.
• First Judges Case (1981): Gave more power to the executive in judicial appointments.
• Second Judges Case (1993): Established the Collegium System, making judiciary’s recommendations binding.
• Third Judges Case (1998): Clarified Collegium’s composition:
• SC Judges: CJI + 4 senior-most judges.
• HC Judges: CJI + 2 senior-most judges.

National Judicial Appointments Commission (NJAC)

• Created (2014): Replaced the Collegium System, involving the executive in judicial appointments.
• Struck Down (2015): Declared unconstitutional as it diluted judicial independence

Reasons for Revisiting NJAC

• Opaque Collegium System: No clear criteria, risk of favoritism.
• Legislative Consensus: NJAC had near-unanimous support in Parliament.
• Delays in Appointments: Secretive collegium process leads to vacancies.
• Lack of Diversity: Inadequate representation of marginalized groups.
• Case Backlogs: 4.4 crore pending cases demand faster appointments.