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Is NJAC unconstitutional?
The government has accepted and respects the judgment,” Law Minister Ravi Shankar Prasad on Friday during a book launch function here. But the Supreme Court had in October 2015 declared the NJAC Act unconstitutional, saying the presence of the Law Minister would compromise on the independence of judiciary.
Why is NJAC still in the Constitution?
The so-called “basic structure of the constitution”, whose primacy has been upheld by several SC judgements because it safeguards the separation of powers and the independence of the judiciary from the executive, remains intact under the NJAC, as the NJAC’s chairperson is the CJI, who has an important role to play.
When was NJAC declared unconstitutional in which case?
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.
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”.
Which amendment introduced the NJAC to the Constitution answer with the year of the amendment?
Ninety-ninth Amendment of the Constitution of India
| The Constitution (Ninety-ninth Amendment) Act, 2014 | |
|---|---|
| Repealed | 16 October 2015 |
| Legislative history | |
| Bill | The Constitution (Ninety-ninth Amendment) Bill, 2014 |
| Repealed by |
Why was the NJAC struck down?
The NJAC, brought in through a constitutional amendment, was struck down precisely because it was an ugly compromise strengthening the government and political elements. Little would be left of India’s Constitution if its judicial custodians are selected politically.
Does NJAC exist?
The advice of the two eminent persons postulated by the NJAC is no longer required. Four years ago, on October 16, 2015, the Supreme Court (SC) struck down as unconstitutional an amendment to the Constitution establishing the National Judicial Appointments Commission (NJAC).
What is 99th Constitutional Amendment?
Status: Struck down. The Ninety-ninth Amendment of the Constitution of India, officially known as The Constitution (Ninety-ninth Amendment) Act, 2014, formed a National Judicial Appointments Commission.
Why was NJAC struck down?
How many members does NJAC have?
It is pertinent to note that in 2015, the government introduced the National Judicial Appointment Commission (NJAC) for the appointment of the judges. It was to be a six-member body comprising the CJI, two senior-most judges of the Supreme Court, the Union law minister and two eminent members from the society.
Is NJAC removed?
On 16 October 2015, in a 4-1 majority verdict, the Supreme Court held that both the Constitution (Ninety-ninth Amendment) Act, 2014, and the National Judicial Appointments Commission (NJAC) Act, 2014, were unconstitutional as it would undermine the independence of the judiciary.