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 NJAC is declared 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.

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.

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 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 was 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.

What happened to NJAC?

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.

Who struck down NJAC?

Justice Kurian Joseph, who authored a concurring opinion as part of a 4:1 majority of the Supreme Court bench that struck down the National Judicial Appointments Commission (NJAC), in October 2015, has expressed regret over his judgment.

Which of the following was provided by the 99th Constitutional Amendment Act?

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.

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.

What was the composition of NJAC?

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”. A sub-committee was further constituted to appoint the “eminent persons”.