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In which case does Supreme Court declares NJAC as unconstitutional?
On 16 October 2015, the Constitution Bench of Supreme Court by 4:1 Majority upheld the collegium system and struck down the NJAC as unconstitutional after hearing the petitions filed by several persons and bodies with Supreme Court Advocates on Record Association (SCAoRA) being the first and lead petitioner.
Which constitutional amendment declared unconstitutional?
In 2015, the Constitution Bench (4:1 Majority) of the Supreme Court declared the 99th Constitutional Amendment and National Judicial Commission (NJAC) unconstitutional on the ground that it violates Basic Structure of Constitution of India.
What does NJAC stand for?
means New Jersey Statutes Annotated which refers to State laws. N.J.A.C. means New Jersey Administrative Code which refers to State regulations.
Can the Supreme Court strike down a state amendment?
Today, there is no serious opposition to the principle that all courts, not just the Supreme Court (and indeed, not just federal courts) are empowered to strike down legislation or executive actions that are inconsistent with the federal or applicable state Constitution.
Can the Supreme Court challenge the constitutional amendment?
Supreme Court Upholds A Citizen’s Right To Challenge A Constitutional Amendment Affecting States’ Power. The Constitution [97th amendment] Act, 2011 was passed by the Lok Sabha on 22nd December 2011 and the same was passed by the Rajya Sabha on 28th December 2011.
What is Njac and why was it formed explain with important case laws?
The National Judicial Appointments Commission (NJAC) was a body tasked with appointing judges to the higher judiciary in India. The composition of the NJAC includes as the Chief Justice of India, the two senior most judges of the Supreme Court, the Law Minister and two “eminent persons”.
Why did the Supreme Court reject the NJAC?
Declaring that the judiciary cannot risk being caught in a “web of indebtedness” towards the government, the Supreme Court rejected the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment which sought to give politicians and civil society a final say in the appointment of judges to the highest courts.
Should NJAC appoint judges appointed under NJAC be independent-minded?
Justice Khehar asked how future judges appointed under the NJAC can be expected to be independent-minded when the Union Law Minister is one of the six members of the Commission appointing them. “Reciprocity, and feelings of pay back to the political-executive, would be disastrous to the independence of the judiciary.
Is the collegium system ‘operative’ after NJAC?
It held that the collegium system, as it existed before the NJAC, would again become “operative.” But interestingly, the Bench admitted that all is not well even with the collegium system of “judges appointing judges”, and that the time is ripe to improve the 21-year-old system of judicial appointments.
What is the National Judicial Appointments Commission amendment?
What the Amendment was about: After receiving Presidential assent on Dec. 31, 2014, the collegium system of appointing judges to the SC and high courts was replaced by a new body called the National Judicial Appointments Commission.