Table of Contents
Why was NJAC repealed?
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.
Why did the Supreme Court declared NJAC unconstitutional?
The minister said even before the collegium system came into being in 1993 through a judicial verdict, good judges were appointed. 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.
What was NJAC case?
In 2015, in what is popularly called the NJAC case, the Supreme Court declared Article 124A to be unconstitutional and struck down the Constitution (99th Amendment) Act, 2014. It also declared the NJAC Act, 2014 to be bad in law as a consequence.
What is NJAC system?
NJAC is a body responsible for the appointment and transfer of judges to the higher judiciary in India. NJAC Bill sought to replace the collegium system of appointing the judges of Supreme Court and High Courts with judicial appointments commission wherein the executive will have a say in appointing the judges.
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.
Why was there a 99th Amendment?
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 was the 99th Amendment to the Constitution of India?
Ninety-ninth Amendment of the Constitution of India
| The Constitution (Ninety-ninth Amendment) Act, 2014 | |
|---|---|
| Signed | 13 April 2015 |
| Signed by | Pranab Mukherjee |
| Commenced | 13 April 2015 |
| Repealed | 16 October 2015 |
Why Supreme Court is a court of record?
Its decisions are admitted as evidence and cannot be questioned in any court of Law. …
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.
How judges are appointed in India?
Judges of Subordinate Judiciary are appointed by the governor on recommendation by the High Court. Judges of the High Courts and Supreme Court are appointed by the President of India on the recommendation of a collegium. The Chief Justice of India is its top authority.