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PolitySource: The Hindu

National Judicial Policy and the Collegium System vs NJAC

Tuesday, 2 December 2025
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Key Points

Chief Justice of India Surya Kant has underscored the necessity for a National Judicial Policy to harmonize court decisions and enhance justice accessibility. This development is crucial for UPSC aspirants, particularly for General Studies Paper 2, focusing on governance and the judiciary. Last Updated: 2025-12-02

Key Facts About National Judicial Policy and the Collegium System vs NJAC

  • Need for National Judicial Policy: Aims to resolve divergent judgments across courts.
  • Seeks to bridge access-to-justice gaps for marginalized groups.
  • Intends to address structural gaps in the judiciary.
  • Focuses on standardizing technology and case management.
  • Promotes judicial harmony across courts.
  • Concerns: A one-size-fits-all approach may not suit diverse states.
  • Potential risk of executive influence on judicial independence.
  • Implementation capacity gaps exist in many courts.
  • Resistance from High Courts to uniformity.
  • Data gaps hinder evidence-based policymaking.
  • About NJAC: Established to replace the Collegium system for judge appointments.
  • Struck down in 2015 for undermining judicial independence.
  • Collegium vs NJAC: Collegium upholds judicial independence; NJAC risks political interference.
  • Constitutional Basis: Articles 124, 217, 127, 126, and 128 outline appointment procedures.
  • Measures to Strengthen Judiciary: Propose a flexible federal design for policies; institutionalize case management.
  • Expand access to justice through regional courts and legal aid.

India's Judicial Reforms and Strategic Goals

The National Judicial Policy is pivotal in aligning India's judiciary with its broader strategic goals of ensuring equitable justice and maintaining the rule of law. By addressing inconsistencies and enhancing access, the policy supports India's economic and social objectives. The judiciary's efficiency is crucial for improving India's global rankings in justice delivery and governance.

Related Government Schemes/Policies

  • e-Courts Project: Digitizes court processes to enhance efficiency and transparency.
  • National Legal Services Authority (NALSA): Provides free legal services to weaker sections of society.
  • Gram Nyayalayas Act: Establishes village courts to provide accessible and speedy justice.

UPSC Relevance

  • GS Paper 2: Governance, Constitution, Polity, Social Justice, and International relations - Judiciary and its functioning.
  • Prelims: Questions on the constitutional basis of judicial appointments, differences between Collegium and NJAC.
  • Mains: Analytical themes on judicial reforms, independence, and access to justice.
  • Essay Paper: Topics on governance and judicial efficiency.

FAQ Section

  • What is the National Judicial Policy? The National Judicial Policy aims to standardize judicial processes across India, addressing inconsistencies and improving access to justice, particularly for marginalized groups.
  • Why is the National Judicial Policy important? It is crucial for resolving divergent judgments, promoting judicial harmony, and enhancing the judiciary's efficiency, which is vital for India's governance and social justice goals.
  • What are the key features of the Collegium System vs NJAC? The Collegium system emphasizes judicial independence in appointments, while the NJAC was criticized for potential political interference, leading to its repeal in 2015.

Detailed Coverage

  • Need for National Judicial Policy: Resolve divergent judgments across courts.
  • Bridge access-to-justice gaps for marginalized groups.
  • Address structural gaps in the judiciary.
  • Standardize technology and case management.
  • Promote judicial harmony across courts.
  • Concerns: One-size-fits-all approach may not suit diverse states.
  • Risk of executive influence on judicial independence.
  • Implementation capacity gaps in many courts.
  • Resistance from High Courts to uniformity.
  • Data gaps hinder evidence-based policymaking.
  • About NJAC: Established to replace the Collegium system for judge appointments.
  • Struck down in 2015 for undermining judicial independence.
  • Collegium vs NJAC: Collegium upholds judicial independence; NJAC risks political interference.
  • Constitutional Basis: Articles 124, 217, 127, 126, and 128 outline appointment procedures.
  • Measures to Strengthen Judiciary: Flexible federal design for policies; institutionalize case management.
  • Expand access to justice through regional courts and legal aid.
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Practice Questions

Test your understanding of this article

Question 1 of 50 / 5 answered
1

In light of Chief Justice Surya Kant's advocacy for a national judicial policy, which of the following issues is primarily identified as a critical reason for the need for such a policy in India?