NJAC controversy- The solution

On the cardinal principle that no individual or a group should have absolute discretion or power in public administration, Appointment of Highest judiciary i.e. Supreme court specially, is critical process in governance and we ought to have people of utmost honesty ,integrity and expertise in law matters. This cant be left to only judges. Some third party has to vet it. Hence we recommend NJAC but without any politicians of present or past. It should be purely intellectual body with 7 members- 4 Judges of court , current or Past, 1 lawyer of eminence and 2 eminent personalities from civil society. Politicians any way prepare the list as concerned department is under central government and is finally approved by President of India. We also favor appointing only non political person as President. Pranab Mukherjee was active congress politician and worked as minister for several decades in congress regimes.

How can he be neutral?

Even if he is very honest he cant be. Abdul Kalam was.Otherwise a person with past affiliation with main opposition party only should be allowed as president of India if other suitable candidate not found. Hence process should be like this: Have a non politician NJAC duly empowered by a new legislation in parliament. Panel should have 7 members with 3 years tenure every time.

Any member can be summarily removed if any slight charges are reported and found prima facie by President of India.No appeal can lie. For abuse of power of this membership 7 years imprisonment and Rs 1 crores fine should be incorporated The judge candidates list be prepared by Chief Justice of respective higher court/Supreme court. It should be first screened by CJ office of Supreme court. 

Then detailed intelligence and official status of these candidates be cleared by law ministry Then this NJAC should select 120% of candidate list as per required numbers of appointment. For example if 5 needed, 6 should be finalized. Then Prez should pick 5 out of 6. I think this a elaborate system to keep NJAC and screening process influence and corruption free while retaining majority and maximum role of Judges only in selection process.