The Supreme Court Thursday agreed to consider listing a PIL against the Collegium system for the appointment of judges in the top court and the High Courts and revive the National Judicial Appointment Commission for the purpose.
Advocate Mathews J Nedumpara mentioned the plea before a bench of Chief Justice D Y Chandrachud and Justices Hima Kohli and J B Pardiwala.
The court, while wondering if the judgement of the Constitution bench (2015) in NJAC case could be reviewed by a writ petition, agreed to list the matter.
In the plea, Nedumpara and others asked the court to declare that the Collegium system of appointment of judges has become a synonym for nepotism and favoritism, as it has resulted in the denial of fair opportunity in the selection and appointment of judges of the Supreme Court and High Courts to the petitioners and thousands of others.
Seeking appointment of judges by notifying vacancies, the petitioners also sought a declaration to revive the NJAC and the Constitution (Ninety-ninth Amendment) Act, 2014, declared unconstitutional by a five-judge bench, as those are will of the people in a matter which fell in the exclusive domain of the legislative and executive policy.
The plea claimed, "The current scenario where judges appoint themselves and appoint advocates as senior advocates, the bar and bench has become the exclusive province of a few dynasties. The talent elsewhere is not at all recognised."
"The generation of the petitioners are denied equal treatment and fair opportunity and wherever they have raised their voice against discrimination, they are targeted. There can be no change unless the culture of entitlement and privilege is done away with," the plea added.
The Collegium which the Chief Justice of India will preside over will have three judges who are sons/nephews of former judges of the Supreme Court, it pointed out.
"The Supreme Court and High Courts will not be recognised as a democratic institution unless the talented members of the bar are appointed and that will happen only when there is an open, transparent selection process by inviting applications from all eligible," it said.
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