The judicial primacy is the exclusive right with last say entrusted by the judiciary, to itself since second and third judge case and reaffirmed by NJAC judgement 2015, to appoint or transfer judges across higher judiciary. But such a wide ranging power is not accompanied by the commensurate accountability.
The constitutions of India under Article-124 and Article-217 came out with a combined responsibility of appointment of judges i higer judiciary, president to appoint judges on the recommendation of judges of SC, judges of high courts and governor. Thus, executive and judiciary both hold combined primacy.
But in order to ensure the independence of the judiciary and uphold the separation of power, supreme court had over time evolved a unique method of appointment called Collegium - a consortium of judges- to appoint judges.
It is been argued that the working of collegium is shrouded with opaqueness and lack of transparency. Even Supreme Court judge Justice J. Chelameswar in NJAC judgement questioned the working of collegium. Thus, detrimental to judicial accountability.
Thus, to ensure accountability of the working of the collegium , supreme court had recently made public the process of selection of the judges and working on evolving MoP with the executive.
CONCLUSION:Though such measures would bring accountability but to revive the original intent of the framers of the constitution, a balanced appointment system is to be evolved.
