'Collegium not must for judiciary's independence'

BJP-ruled states have strongly supported the Supreme Court in the creation of the National Judicial Appointments Commission (NJAC), saying that the independence of <g data-gr-id="58">judiciary</g> does not necessarily require that judges be appointed by the collegium.

Advocate TR Andhyarujina, appearing for Maharashtra, told a five-judge Bench, headed by Justice JS Khehar, that the independence of <g data-gr-id="27">judiciary</g> does not necessarily require that judges be appointed by the collegium system. "In no country of the world, judges are appointed by collegium/judiciary. 

<g data-gr-id="25">Instead</g> it is done by the executive in consultation with judges", he told the Bench, also comprised Justices J Chelameswar, M B Lokur, Kurian Joseph and Adarsh Kumar Goel. 

Besides Maharashtra, the counsel for BJP-ruled states, Rajasthan, <g data-gr-id="18">Chhattishgarh</g>, Jharkhand and Gujarat, also advanced arguments in favour of the NJAC and enabling 99th Constitutional amendment.

At the outset, Andhyarujina said the collegium system has "obvious problems", which were "lack of transparency" due to the "secretive method" of appointing judges, "lack of accountability" and "lack of diversity". He said the basic question was whether there was a disruption of the basic structure of the Constitution and independence of judiciary by the NJAC.

The lawyer for Maharashtra said "there is not a word" in the Constitution that the collegium system is a part of its basic structure or that it is the only method of appointing judges.