The supreme court gave parliament power to amend any part of constitution of india. But while making an appointment, consultation could extend to such other judges of the supreme court, and of the high courts, as the central government may deem necessary. In this blogpost, haridya iyengar, a student of iiird year, jindal global law school, makes a critical analysis of the njac judgment and the need to introduce a more transparent system unlike the collegiums system which has its own flaws. The court of appeal considered whether the process of the amendment was. Supreme court declares national judicial appointments. The supreme court judgment on the njac decoded youtube. Read appointment of judges to the supreme court of india.
Supreme court strikes down njac act as flawed, says. In a landmark judgement on friday, the supreme court has upheld the collegium system of appointment of judges and had struck down the constitutional amendment that introduced national judicial. Judgments are also available in html format on the bailii website. In the case of the supreme court all reported judgments which are published in scr journal, since its inception i.
Former judge of the supreme court justice kurian joseph yesterday. The njac judgment struck down the 99th constitutional amendment, which sought to replace the collegium system of judicial appointments with a national. He was speaking at the 96th foundation day of delhi university. This was an appeal from the judgment of the justices of the constitutional court. The commission was established by amending the constitution of india through the ninetyninth constitution amendment with the constitution ninetyninth amendment act, 2014 or 99th constitutional amendment act2014. A process that instituted a judicial appointments commission was held by the court to be in consonance. Supreme court hears plea for government say in judges. Njac is unconstitutional upsc online ias preparation.
It could have also conferred veto power on the chief justice while appointing an eminent person. The national lawyers campaign for judicial reforms and transparency has pleaded for a return to the pre1993 arrangement, when the central government had the final say on the appointments and transfers of supreme court and high court judges. The supreme court on wednesday came out with a slew of guidelines to improve the collegium system of appointment of judges in the higher judiciary to make it more transparent and accountable by asking the centre to finalise a memorandum of procedure mop in consultation with the chief justice of india. This appeal takes exception to the final judgment and order dated 21. Upsc questions related to collegium system and njac. Sc bench strikes down njac act as unconstitutional and void.
Supreme court upholds collegium system of appointment of judges, rules njac unconstitutional the judgement comes on a batch of pleas challenging the constitutional validity of njac which brought to an end the twodecadeold collegium system for appointing judges in the higher judiciary. When the supreme court struck down as unconstitutional the njac act 2014 as passed by the parliament, it saw the need to send to the government a memorandum of procedure mop for appointment of. The constitution ninetyninth amendment act, 2014 sought to replace the collegium system with the national judicial appointments commission njac. In the aftermath of the supreme courts verdict that invalidated the 99th constitution amendment, rendering nugatory the national judicial appointments commission njac, a popular narrative. Supreme court collegium system and national judicial. No conflict with judiciary, supreme court order on njac will be obeyed. Supreme court on verge of giving njac case judgment. In a facebook post titled, the njac judgement an alternative view, jaitley wrote, the supreme court of india, by a majority opinion. Supreme court of new jersey a1 september term 2016 077565 in re declaratory judgment actions filed by various municipalities, county of ocean, pursuant to the supreme courts decision in in re adoption of n. This is the full text of the supreme courts judgment on the validity of the njac, in which it brought back the collegium system for appointment of judges to the higher judiciary. National judicial appointments commission wikipedia. National judicial appointments commission njac was a proposed body which would have been responsible for the appointment and transfer of judges to the higher judiciary in india.
National judicial appointments commission njac was a proposed body which would have. The background is that the appellants approached the constitutional court challenging the constitutional amendment on the age limit as a constitutional requirement for running for president. This has been now referred to as fourth judge case. Sccollegium upheld, constituion 99th amendment njac act held. The move puts the judiciary in a direct path of confrontation with the majority government. Former attorney general mukul rohatgi tuesday said the supreme court judgment on the national judicial appointments commission njac case was wrong and a setback.
On october 16, 2015, the supreme court of india issued a landmark judgment holding the national judicial appointments commission njac unconstitutional. Deadline the court has fixed 6 months to appoint at least those whose names the supreme court collegium, the high courts and the government have agreed upon. Latest current affairs and news current affairs today. Critically examine the supreme courts judgement on. The net effect of this judgment was to reaffirm the supremacy of the collegium system ushered into the constitutional scheme by a series of judgments of the supreme court known commonly as the second and third judges cases. Supreme court strikes down njac act as flawed, says collegium system more transparent the supreme court struck down the narendra modi governments bid to give the executive a greater say in the selection of judges. The judgments information system consists of the judgments of the supreme court of india and several high courts. Supreme court collegium system and national judicial appointments commission njac. The matter concerns the centres move to replace the 22yearold courtframed collegium system of appointment and transfer of judges of high courts and the supreme court with the njac through a. When asked by a correspondent of ani if the judgment was a setback to the legislature, mr ravi shankar. There was recently a landmark judgement which declared the national judicial appointment commission unconstitutional. For instance, it could read down the veto power to apply only to judges of the njac.
It also declared the njac act, 2014 to be bad in law as a consequence. In a historic and landmark judgment running into 1042 pages, the supreme court of india has struck down the. Argued november 30, 2016 decided january 18, 2017 on appeal from the superior court, appellate. Supreme court says govt cant appoint judges india news. This is the full text of the supreme court s judgment on the validity of the njac, in which it brought back the collegium system for appointment of judges to the higher judiciary. Supreme court upholds collegium system of appointment of. Union of india1, hereinafter referred to as, the first judges case. The constitution bench of the supreme court declared national judicial commission njac unconstitutional as it violates basic structure of constitution of india by 4. Three dimensions over a week has passed since the supreme court of india, in what will most commonly be described as the fourth judges case, struck down a constitutional amendment and a law enacted by parliament seeking to reform the process of judicial. Is the criticism of the supreme courts decision to strike down the njac warranted. According to us your argument on ninejudge bench judgement has no meaning on the hearing of this matter, the bench said.
Collegium system dead govt tells supreme court india. The commission was established by amending the constitution of india through the ninetyninth constitution amendment with the constitution ninetyninth amendment act, 2014 or 99th. On the issue of appointment of judges of the supreme court, it was concluded, that consultation with the chief justice of india was a mandatory requirement. He retire as a judge of the supreme court on 22 june. Is the criticism of the supreme courts decision to strike. The light, lighter and lightest judgments in njac india. The constitution of india provides that judges of the supreme court shall be. Prelims spotlight landmark judgments of the supreme.
The verdict effectively rejects a major law passed by parliament last year, which was subsequently ratified by 20 state assemblies, and restores the collegium system of appointing judges. Regret my decision in the njac case, justice kurian joseph. However, since the courts will soon shut for the summer, justice chelameswars last day of work, effectively, is 18 may. The bench struck down on the governments arguments that the question of validity of the njac and the 99th constitutional amendment should be referred to a larger bench in light of the two judges cases of 1993 and 1998. Law of the land supreme courts judgement on national. On 16 october 2015, the constitution bench of supreme court by 4.
Central government said that collegium system is dead and hence it cannot be revived even if the constitution bench of supreme court quashes njac. The ninetyninth constitutional amendment and the njac act, 2014. A legal analysis of the njac judgment this article is a legal analysis of the supreme court. But the supreme court declared the amendment act as unconstitutional with a majority 41 judgment. Why question judgment that established collegium system. Supreme court to deliver verdict on legality of njac today. The bench said that the judgment was the collective view of the court. Below you will find the latest judgment s handed down by the uk supreme court. 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. Judges who had pronounced judgments in the kesavananda bharti case. Transparency, accountability and independence book online at best prices in india on. The veto power with the law minister or with a nonjudge members, as against a supreme court judge who is the member of the collegium, may involve interference with the independence of judiciary. The court further added that such amendment shall not take away the fundamental rights of the citizen which are provided by the constitution of india. Criticism continues for supreme courts verdict on njac.
The judgement was hailed by lawyers prashant bhushan and ram jethmalani. 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 appointments commission njac is unconstitutional, ruled the supreme court in an unanimous and muchawaited judgment on friday. Criticism continues for supreme courts verdict on njac 2 min read. The supreme court struck down the national judicial appointments commission njac law which was passed by both houses of parliament unanimously. Arun jaitley questions logic of supreme court order on. This essay examines the concept of the primacy of judges in judicial appointments, as understood in supreme court advocatesonrecord association v union of india the njac judgment. It was a heavy judgment, 1039 pages to be precise, from the supreme court that struck down the njac, politically hyped to bring in transparency in the appointment of judges to the sc. First, it held that the indian constitution requires sitting judges to have the final word on judicial appointments. Bloomberg anywhere remote login download software service center. This article argues that the judgment is flawed in two ways. Supreme court strikes down 99th constitutional amendment and national judicial.
Read the judgment here pdf read the njac judgment pdf. Sccollegium upheld, constituion 99th amendment njac act. Download citation judicial primacy and the basic structure. The 1993 judgment was the basis on which a fivejudge constitution bench declared the national judicial appointments commission act. All previous judgments handed down prior to this can be found on our decided cases section. Critically examine the supreme courts judgement on national judicial appointments commission act, 2014 with reference to appointment of. For judgments handed down before 31 july 2009 please refer to the house of lords or bailii websites.
Finance minister arun jaitley has said the supreme courts judgment which struck down the national judicial appointments commission for higher judiciary was based on an erroneous logic. Debating the njac judgment of the supreme court of india. Buy appointment of judges to the supreme court of india. Sc bench strikes down njac act as unconstitutional and.
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