Constitutional & Legal Petitions
- HOME
- Constitutional & Legal Petitions
Burning Issues:
a) Whether NJAC is more transparent procedure to appointment of Judges at High Court & Supreme Court of India?: The National Judicial Appointments Commission (NJAC) was envisioned as a more transparent procedure for appointing judges to the High Court and Supreme Court of India. By including members from the judiciary, the executive, and two eminent persons from civil society, it aimed to introduce greater accountability and reduce the opaqueness associated with the collegium system, where senior judges solely make the appointments. The NJAC intended to ensure that judicial appointments were based on merit and integrity, reflecting diverse perspectives. However, the Supreme Court struck down the NJAC in 2015, citing concerns over judicial independence and potential executive interference in the judiciary.
b) Whether collegium system is a curse for judiciary?: Supreme Court of India, has been both praised and criticized. Critics argue that it lacks transparency and accountability, with decisions made behind closed doors without public scrutiny. This opacity can lead to allegations of favoritism, nepotism, and a lack of diversity in judicial appointments. Moreover, the absence of external oversight means there is little recourse for challenging or reviewing these decisions, potentially undermining public trust in the judiciary. However, proponents of the collegium system argue that it preserves judicial independence by insulating the appointment process from political and executive interference. They believe that senior judges are best positioned to assess the qualifications and integrity of potential appointees, given their experience and understanding of the judiciary’s needs.
c) Whether NJAC (National Judicial Appointment Commission) is against the Independence of Judiciary?: Arguments against NJAC: Critics argue that the NJAC threatens judicial independence by allowing greater executive influence over judicial appointments. The inclusion of the Law Minister and two eminent persons (selected by the Prime Minister, the Chief Justice of India, and the Leader of the Opposition) in the commission could lead to potential political interference. This setup could compromise the impartiality of the judiciary, as judges might be appointed based on political considerations rather than solely on merit and integrity.
Arguments in favor of NJAC: Supporters of the NJAC contend that it enhances transparency and accountability in judicial appointments, which the collegium system lacks. By involving members from outside the judiciary, the NJAC aims to provide a more balanced and democratic approach, reducing the risk of insularity and favoritism within the judiciary. They argue that the presence of diverse voices in the commission ensures a more comprehensive evaluation of candidates, ultimately strengthening the judiciary’s credibility.
Arguments in favor of NJAC: Supporters of the NJAC contend that it enhances transparency and accountability in judicial appointments, which the collegium system lacks. By involving members from outside the judiciary, the NJAC aims to provide a more balanced and democratic approach, reducing the risk of insularity and favoritism within the judiciary. They argue that the presence of diverse voices in the commission ensures a more comprehensive evaluation of candidates, ultimately strengthening the judiciary’s credibility.
Sign Petition Issues
SUPPORT THIS PETITION
Connected Petition/Issues
Ideological differences between ruling party and leader of oppositions are making bad impact in the society, and if LoP or ruling party is not nationalist, then they will derail the law and order in country.
Ideological differences between the ruling party and the Leader of the Opposition (LoP) can significantly impact societal harmony and governance. When these differences are pronounced and lead to political discord,...
Increasing ratio of illiteracy and population are dangerous for society, and government must implicate strong rules to protect to society.
The rising rates of illiteracy and population growth pose significant challenges to societal development and stability. Illiteracy undermines individual opportunities and economic progress, while unchecked population growth can strain resources,...
Safety of women child is main issue for society, is it demand of citizen to hang accused in public domain?
Ensuring the safety of women and children is a fundamental concern for any society, and addressing this issue requires a comprehensive approach to justice and prevention. While some citizens may...
Geopolitical aggression, intransigence and practice of relabeling conflicts as counter-terror struggles.
Geopolitical aggression and intransigence have increasingly characterized global conflicts, often resulting in the relabeling of these struggles as counter-terrorism efforts. This trend reflects a troubling shift where states and non-state...
Whether Cast, Reservation and communal violence are barrier for peace building in society?
Caste, reservation, and communal violence are significant barriers to peace-building in society, as they often perpetuate divisions and conflicts. Caste-based discrimination and reservations, while aimed at promoting social justice and...
The resistance of local communities to new approaches to peacebuilding, especially those that question traditional methods and demonstrate success through new perspectives and methodologies
Local communities often exhibit resistance to new approaches to peacebuilding that challenge traditional methods, even when these new strategies demonstrate success through innovative perspectives and methodologies. This resistance can stem...
The Election commission of India must be declared unfit to the contestant who has no master degree, as well as he booked in heinous crime, and not fit for election until he must not discharge by the court.
The Election Commission of India should enforce stricter criteria for candidates, ensuring that those contesting elections possess at least a master's degree and have not been involved in heinous crimes....
Commission of committing offence of cheating and criminal breach of trust should be charge against political party or not, upon non-compliance of their manifesto.
Charging a political party with offenses like cheating and criminal breach of trust for non-compliance with its manifesto is a complex legal and ethical issue. While manifestos are crucial electoral...
During election offer of freebees should be ban by election commission of India?
The Election Commission of India has faced increasing calls to ban the offering of freebies during election campaigns. Critics argue that such promises can skew electoral fairness by unduly influencing...
Whether politician hold grips of press and its news material?
Politicians can exert significant influence over the press and news media through various means, including ownership of media outlets, control over advertising revenues, and leveraging political connections. This influence can...
Is it true a film maker and production houses spreading nudity in the Indian society in name of freedom of speech, and same should be ban before its telecast?
The debate over filmmakers and production houses spreading nudity in Indian society under the guise of freedom of speech is highly contentious. Critics argue that such content can erode cultural...
Whether bold and catastrophic films are required to ban before its telecast or not?
The question of whether bold and catastrophic films should be banned before their telecast is a matter of balancing creative freedom with social responsibility. On one hand, filmmakers have the...
Whether Social Media Platforms are tools for enemy of country to collect valuable data and information?
Social media platforms can potentially be exploited as tools by adversaries to collect valuable data and information about a country. These platforms aggregate vast amounts of personal and public information,...
Whether cyber-attacks, disinformation operations, malign foreign influence campaigns to damage our economy and harm our democracy?
Cyber-attacks, disinformation operations, and malign foreign influence campaigns pose significant threats to our economy and democracy. These malicious activities can disrupt critical infrastructure, steal sensitive information, and undermine public trust...
Is terrorism from Pakistan-based militant groups has been emerging as a major concern for India?
Terrorism from Pakistan-based militant groups has emerged as a significant concern for India, posing a persistent threat to national security and regional stability. Incidents such as the 2008 Mumbai attacks...
Distress sale of crops due to poor market infrastructure
The distress sale of crops due to poor market infrastructure is a pressing issue for farmers. Inadequate storage facilities, lack of timely transportation, and inefficient market access force many farmers...
Price volatility shocks faced by farmers with reduction of trade barriers on agricultural commodities
The reduction of trade barriers on agricultural commodities exposes farmers to significant price volatility shocks. With the influx of global competition, local farmers often face unpredictable price swings due to...
Excessive use of chemicals degrading agricultural lands
The excessive use of chemicals in agriculture, including fertilizers and pesticides, is causing significant degradation of agricultural lands. These chemicals disrupt the natural soil composition, reducing its fertility and leading...
Whether NJAC (National Judicial Appointment Commission) is against the Independence of Judiciary?
Arguments against NJAC: Critics argue that the NJAC threatens judicial independence by allowing greater executive influence over judicial appointments. The inclusion of the Law Minister and two eminent persons (selected...
Whether collegium system is a curse for judiciary?
Supreme Court of India, has been both praised and criticized. Critics argue that it lacks transparency and accountability, with decisions made behind closed doors without public scrutiny. This opacity can...