SC refuses to consider listing of plea seeking abolition of collegium system

New Delhi: The Supreme Court on Monday refused to consider listing of a plea seeking abolition of the collegium system of judges appointing judges in the higher judiciary.

A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra took note of the plea of lawyer Mathews Nedumpara that his writ petition seeking abolition of the collegium system has to be listed for hearing.

“I have mentioned it several times. The registry has rejected it and is not listing my petition,” the lawyer said.

“The Registrar (Listing) has said that once the Constitution bench has ruled on something, an Article 32 petition (under the Article a plea can directly be filed in the Supreme Court on grounds of infringement of fundamental rights) is not maintainable. There are other remedies against the registrar’s order,” the CJI said.

The review petition against the NJAC judgement was dismissed in the chambers, the lawyers said, adding, “This is about the credibility of the institution. The Collegium system has to go.” “I am sorry,” the CJI said.

A five-judge Constitution bench, on October 17, 2015, had termed as unconstitutional and set aside the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment which had sought to give the politicians and civil society a final say in the appointment of judges to the high courts and the Supreme Court.

It had held that the independent judiciary was part of the basic structure of the Constitution.

The plea seeking review of the judgement was also dismissed.

The National Democratic Alliance government had passed the NJAC Bill to remove the collegium system, where a group of judges decided who would be judges in the Supreme Court and high courts.

The NJAC had proposed a body comprising six members — CJI, two senior most judges of the Supreme Court, Union minister of law and justice, and two eminent persons.