Introduction
India’s method for appointing judges has been contested for decades. After the NJAC was struck down in 2015 for undermining judicial independence Vision IAS+15The Economic Times+15Supreme Court Observer+15Supreme Court Observer, the collegium system—where senior judges recommend appointments—became the de facto norm. While designed to protect judicial autonomy, critics now argue that its lack of transparency and perceived bias demand revisiting the NJAC in some form. A recent incident involving alleged cash at a judge’s official residence triggered this fresh debate The Indian ExpressThe Economic TimesThe Indian Express.
Background: The Rise and Fall of NJAC
NJAC Enactment & Structure (2014–15)
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Passed unanimously by Parliament and ratified by over half the states, the NJAC was established by the 99th Constitutional Amendment and NJAC Act, 2014.
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Comprised the CJI, two senior SC judges, the Law Minister, and two "eminent persons" nominated by a panel including the PM, CJI, and LoP Supreme Court Observer+8Wikipedia+8Changing Tomorrow+8Changing Tomorrow+7Supreme Court Observer+7ETLegalWorld.com+7.
Supreme Court’s Verdict (2015)
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Struck down by a 4–1 majority in SCAORA v. Union of India, the NJAC was deemed to breach the “basic structure” due to executive interference Deccan Herald+15The Economic Times+15The Indian Express+15.
Since then, the collegium system—with criticism over nepotism and secrecy—remains operative Facebook+14The Economic Times+14Wikipedia+14.
What Sparked the Revival Debate in 2025?
Justice Varma Cash Row
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A high-profile cash recovery at a sitting judge’s residence and ensuing in-house probe sparked intense public scrutiny over judicial accountability Vision IAS+6The Indian Express+6ETLegalWorld.com+6.
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Vice‑President Jagdeep Dhankhar referenced NJAC in Parliament, asserting that “if the malaise had been dealt with” under NJAC, such misconduct might have been addressed preemptively The Indian Express+6The Tribune+6ETLegalWorld.com+6.
Cross‑Party & Expert Support
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Law Minister silence contrasted with calls for a parliamentary structure like NJAC to bring "sunlight" into appointments ETLegalWorld.com.
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Legal experts and civil society urged reforms to the collegium, highlighting procedural opacity, delays, and lack of diversity The Leaflet.
Arguments For Reviving NJAC
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Enhanced Transparency & Accountability
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Advocates argue NJAC’s inclusive structure—featuring executive and public inputs—would bring openness to the opaque collegium Changing TomorrowDeccan HeraldThe Indian Express.
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Checks Against Nepotism
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Judicial insiders and critics decry “uncle judge syndrome”, arguing the collegium veers toward elite privilege. NJAC could counter such biases Deccan Herald+9Wikipedia+9Wikipedia+9.
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Public Trust Boost
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In wake of incidents like the cash controversy, proponents claim structured oversight via NJAC would signal a commitment to integrity The Indian ExpressETLegalWorld.comDeccan Herald.
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Counterarguments & Concerns
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Executive Overreach
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The 2015 verdict held NJAC infringed on the “basic structure” by diluting judicial independence The Tribune+15The Economic Times+15The Indian Express+15.
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Risk of Politicization
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Critics fear executive-dominated appointments could enable political meddling, hampering judicial fairness Deccan Herald+4Hindustan Times+4The Indian Express+4Hindustan Times+2Changing Tomorrow+2The Economic Times+2.
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Need for Nuanced Reform
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Detractors suggest targeted reforms—such as transparency protocols, diverse assessors, and publication of reasoning—without resurrecting NJAC Universal Institutions+2The Tribune+2ETLegalWorld.com+2.
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Where We Stand Now
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Parliamentary consideration: Discussions among government and opposition leaders remain inconclusive as of March–April 2025 The TribuneChanging Tomorrow.
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Judicial stance: Supreme Court has not reopened NJAC’s constitutional validity but is monitoring collegium reform Wikipedia+1Wikipedia+1.
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Public engagement: Renewed interest from media, bar associations, and civic groups suggesting broader appetite for reform The Indian ExpressThe LeafletThe Indian Express.
Conclusion
The NJAC revival debate of 2025 spotlights a critical tension: how to balance judicial independence with transparency and public confidence. The cash row and ensuing calls for accountability show that the collegium—once defended as a guardian of autonomy—now faces pressure for systemic openness.
Whether Parliament reopens the NJAC experiment—or opts for collegium reform—the debate signifies an essential self-correction for India's judiciary. As Vice-President Dhankhar aptly noted, no institution should be "beyond review"—even if that institution is the judiciary.