In a historic and landmark judgment running into 1042 pages, the supreme court of india has struck down the constitution ninetyninth amendment act, 2014 as unconstitutional which automatically renders and national judicial appointments commission njac act, 2014 infructuous. Introduction the procedure for appointment of judges to the supreme court of india is provided for in article 1242 of the constitution the judges appointment clause. The constitution ninetyninth amendment act, 2014 31st december, 2014. National judicial accountability commission njac to be or not. The national judicial appointments commission act, 2014 act no.
The bills were approved by the 20 state legislatures and president of india gave his assent to the bills in. The national judicial appointments system seeks to institutionalise the process for appointment of judges of the supreme court sc and the high courts hcs. Independence of judiciary and the national judicial appointments commission. Aug 20, 2014 with the passage of the 121st constitutional amendment bill and the attendant national judicial appointments commission bill, the collegium system of appointments, now 21 years in the making, is sought to be replaced by the newly created national judicial appointments commission njac. Aug 11, 2014 the national judicial appointments commission bill, 2014. On 16 october 2015, in a 41 majority verdict, the supreme court held that both the constitution ninetyninth amendment act, 2014, and the national judicial appointments commission njac act, 2014, were unconstitutional as it would undermine the independence of the judiciary. In this act, unless the context otherwise requires. The commission shall recommend the seniormost judge of the supreme court for appointment as chief justice of india. The majority said the two laws affect the independence of the judiciary, and judicial appointments, among other things, should be protected from executive control. The judicial appointment and other details are contained in schedule 14 to the cra. National judicial appointments commission njac act, 2014 njac bill were passed by parliament in august 2014. Supreme court collegium system and national judicial. National judicial appointments commission act, 2014 40 of 2014 pdf.
National judicial appointment commission therefore was a constitutional body. The national judicial appointment commission a critique. The njac replaced the collegium system for the appointment of judges. Along with the constitution amendment act, the national judicial appointments commission act, 2014, was also passed by the lok sabha and the rajya sabha to regulate the functions of the national judicial appointments commission. Along with the constitution amendment act, the national judicial appointments commission act, 2014, was also passed by the parliament of india to regulate. Oct 02, 2014 the national judicial appointments commission njac was established by the union government of india by amending the constitution of india through the 99 th constitutional amendment act, 2014. National judicial appointments commission njac was a proposed body which would have. Presented to parliament pursuant to paragraph 324 and paragraph 317 of schedule 12 to the constitutional reform act 2005 ordered by the house of commons to be printed on 16 july 2015. Oct 16, 2015 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 appointm.
The national judicial appointment commission manupatra. Legal a critique alert tact, 2014 hereinafter called the. Judicial appointments commission annual report and accounts. We believe the judiciary should reflect the society it serves and we aim to attract diverse applicants. Pdf slides of all the environment videos, 700 slidesfor free video lectures and stud. The national judicial appointments commission act, 2014. The judicial appointment mechanism provided for in these acts has become a subject of controversy raising fresh concerns about judicial independence and accountability. Since the act involved constitutional amendment, hence ratification was needed by the states. An international publisher for academic and scientific resources.
Critically examine the supreme courts judgement on national judicial appointments commission act, 2014 with reference to appointment of judges of higher judiciary in india. The national judicial appointments commission bill, 2014 was introduced in the lok sabha on august 11, 2014 by the minister of law and justice, mr. Be it enacted by parliament in the sixtyfifth year of the republic of india as follows. Page 4 of 22 exercised on purely political considerations against which there is no safeguard in. It is our statutory duty to select people on merit, who are of good character. Sc bench strikes down njac act as unconstitutional and. National judicial accountability commission and the national judicial. The new law that received presidential assent on 31 december 2014 replaces the 22yearold collegium system that kept the government out of the selection process for. How the anxious political parties interfered in the sustainability of judicial policy of appointment of judges has been discussed in the fourth head national judicial appointment commission. In this regard, notification to effect from april 2015 was issued by the union law ministry.
Analyzing national judicial appointments commission act 2014. The njac act and the constitutional amendment act came into force from april 2015. Apr 03, 2015 the national judicial appointments commission act, 2014. National judicial appointments commission njac act, 2014. Excessive delegation in the judicial appointments bill. Mar 08, 2016 introduction the government brought the national judicial appointments commission act into force on th april 2015 to give the executive a say in appointment of judges. National judicial appointments commission njac insightsias. Union government notified national judicial appointments. Amongst other functions, it is responsible for the appointment, promotion and discipline of judicial officers. The national judicial appointment commission act sought to replace the collegium system for appointment of higher judges and give civil society and executive to have a say in their appointment.
The commission was established by amending the constitution of india through the ninetyninth constitution amendment with the constitution act, 2014 or 99th constitutional amendment act 2014 passed by the lok sabha on august 2014 and by the rajya sabha on 14 august 2014. Oct 17, 2015 declaring that the judiciary cannot risk being caught in a web of indebtedness towards the government, the supreme court on friday rejected the national judicial appointments commission. Judicial appointments in india 50 issn no 24562718 judicial independence has been critically evaluated. In fact, opinions have been divided as regards utility of such a commission as compared to the previous collegium ordained by the judges themselves. National judicial appointment commission act, 2014 the current system of. The bills were approved by the 20 state legislatures and. Honble justice jagdish singh khehar, pronounced that the national judicial appointments commission act, 2014, is declared unconstitutional and void. Wikizero national judicial appointments commission. Simultaneous election to the lok sabha and the state assemblies will limit the amount of time and. India the national judicial appointment commission a. Another reason is that it creates a dialogue between the two wings of our.
Union government has brought into force the national judicial appointments commission njac act, 2014 along with the 99th constitutional amendment act, 2014. The 1993 judgment was the basis on which a fivejudge constitution bench declared the national judicial appointments commission act njac and the constitutional ninetynine amendment act, 2014 unconstitutional in october 2015. Judicial appointments commission the judicial appointments commission selects candidates for judicial office in england and wales, and for some tribunals with ukwide powers. National judicial appointments commission act notified. Oct 16, 2015 the parliament also passed the national judicial appointments commission act, 2014, to regulate the njacs functions. National judicial appointment commission act, 2014 comes into. An act to regulate the procedure to be followed by the national judicial appointments commission for recommending persons for appointment as the chief justice of india and other judges of the supreme court and chief. The njac act, 2014 empowers the national judicial appointments commission to make recommendations to the president for appointment of judges. National judicial appointments commission act, 2014 india code.
Pdf national judicial appointments commission balraj k. The national judicial appointments commission bill, 2014, had laid down the following procedures for the selection of the judges of the higher judiciary. May 30, 2020 on 16 october 2015, in a 41 majority verdict, the supreme court held that both the constitution ninetyninth amendment act, 2014, and the national judicial appointments commission njac act, 2014, were unconstitutional as it would undermine the independence of the judiciary. Njac bill were passed by parliament in august 2014. Article national judicial appointments commission ias. An act to regulate the procedure to be followed by the national judicial appointments commission for recommending persons for appointment as the chief justice of india and other judges of the supreme court and chief justices and other judges of high courts and for their. However, in late 2014, the modi government, in a direct challenge to judicial power and primacy, enacted the national judicial appointments act and the constitutional 99th amendment act pdf, establishing a new national judicial appointments commission njac. National judicial appointments commission njac act. Judicial appointments commission referred to in article 124a. It becomes a necessary practice to understand the whole debate surrounding the national judicial appointment. Collegium system and njac for appointment of judges upsc. Jun 24, 2015 the national judicial accountability commission act hereinafter referred to as the act was passed by the lok sabha on th august, 2014 and the rajya sabha on 14th august, 2014.
Pdf questions of constitutionality the national judicial. National judicial appointment commission act, 2014 comes. National judicial appointment commission act, 2014 the 1993 judgment was the basis on which a fivejudge constitution bench declared the national judicial appointments commission act njac and the constitutional ninetynine amendment act, 2014 unconstitutional in october 2015. With the amendment of articles 124, 217, 222 articles 124a, 124b and 124c were added to the constitution to make the njac valid. National judicial appointments commission was a proposed body which would have been responsible for the recruitment, appointment and transfer of judges and legal specialists in india. Questioning the national judicial appointments commission act. Questioning the national judicial appointments commission. Act, 2014 with reference to appointment of judges of higher judiciary in india. Page 1 of 22 constitutionality of the national judicial appointments commission. National judicial appointments commission wikipedia.
The commission is established by amending the constitution of india through the 99th constitution amendment vide the constitution 99th amendment act, 2014 passed by the lok sabha on. National judicial appointments commission act, 2014 monday, 22, feb, 2021 centre notifies appointment of advocates jasmeet singh and amit bansal as judges of delhi hc read notice. However, the answer most definitely cannot be the hastily passed njac act, 2014 and the 121st constitutional amendment bill. Critically examine the supreme courts judgement on.
Apr 18, 2016 national judicial appointments commission njac is a proposed body responsible for the appointment and transfer of judges to the higher judiciary in india. The amendment act was passed by both the houses of parliament with twothirds of majority in august, 2014. Apr 14, 2015 the notification to national judicial appointments commission njac act, 2014 came few days after the supreme court referred the act to the constitutional bench on a basis of a batch of petitions. The national judicial appointments commission bill, 2014 seeks to broad base the appointment of judges in the supreme court and high courts, enables participation of and judiciary, executive and eminent persons and ensures greater transparency, accountability objectivity in the appointment of the judges in the supreme court and high courts. This national judicial appointments commission act has been promulgated by parliament of india in the year 2014. National judicial accountability commission njac to be or. Critically examine the supreme courts judgement on national judicial appointments commission act, 2014 with reference to the appointment of judges of higher judiciary in india. But recently government passed the national judicial commission act, 2014, which is said to be politically accepted and legally suspected by. The national judicial appointments commission bill, 2014. National judicial appointment commission act, 2014. Act, 2014 hereinafter called the njac act has recently received the assent of the president on the 31st of december, 2014 along with the one hundred and twenty first amendment act, 2014, and has been notified in the official gazette on the th of april, 2014. Along with the constitution amendment act, the national judicial appointments commission act, 2014, was also passed by the parliament of india to regulate the functions of the national judicial appointments commission. The constitution one hundred and twentyfirst amendment bill, 2014 a bill further to amend the constitution of india.
Sc bench strikes down njac act as unconstitutional and void. Critically examine the supreme courts judgement on national. National judicial appointments commission njac political. The national judicial appointments commission act, 2014 njac act has been notified in the official gazette on the th of april, 2014. Rules regulations notifications orders circulars ordinance statutes. Dec 03, 2018 on 16 october 2015, in a 41 majority verdict, the supreme court held that both the constitution ninetyninth amendment act, 2014, and the national judicial appointments commission njac act, 2014, were unconstitutional as it would undermine the independence of the judiciary. Constitution ninetyninth amendment act, 2014 egazette. But recently government passed the national judicial commission act, 2014, which is said to be politically accepted and legally suspected by eminent jurists as it has few flaws and biggest one is. The judicial appointment mechanism provided for in these acts have. Along with the amendment act, the njac bill 2014 was also passed by the parliament. The national judicial council is one of the federal executive bodies created by the 1999 constitution of the federal republic of nigeria. National judicial appointments commission overview. Apr, 2015 national judicial appointment commission act, 2014 comes into force.
In fact, opinions have been divided as regards utility of such a commission as compared to the. The national judicial appointments commission act legislative. National judicial appointments commission act, 2014. An act to regulate the procedure to be followed by the national judicial appointments commission for recommending persons for appointment as the chief justice of india and other judges of the supreme court and chief justices and other judges of high courts and for their transfers and. An act to regulate the procedure to be followed by the national judicial appointments commission for recommending persons for appointment as the chief justice of india and other judges of the supreme court and chief justices and other judges of high courts and for their transfers and for matters connected therewith or incidental thereto.
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