SC rejected the NJAC(National Judicial Appointment Commission)Act,2014 and Constitution(Ninty Ninth Amendment)Act and declares the NJAC as 'unconstitutional and void'.With this judgement the earlier collegium system of appointment will be operative again.
- Declaring
that the judiciary can't caught in a “web of
indebtedness”
towards the government,SC has done away the say of executive and civil
society in appointment of judges in highest courts.
- As
per SC , NJAC was an impingement upon the principle of 'independence of judiciary','separation of power'
and violative of 'basic structure of constitution'.
- Apex
court said that the independence and integrity of the judiciary is of the
‘highest importance’ not only to the judges but to the citizens seeking
resort from a court of law against the high-handed and illegal exercise of
power by the executive.
- NJAC
was a long drawn battle as both the Loksabha and Rajyasabha has supported
the bill "100%" and 20 state legislature has cleared
them.So it was a well debated bill .
- The
court also rejected the plea for referring the case(which introduced the
collegium system) to a larger bench.
- NJAC
was a six member commission comprising
->Chief Justice of India
->Two senior
most SC judges
->Law
Minister
->Two Eminent
Person
And the eminent person would be chosen by a
selection committee made up of CJI,the PM and the leader of the
opposition.
Source:-Livemint,The Hindu
Thanks for such important analysis.
ReplyDeletekeep it up my dear
this initiative is open for your valuable contribution.
DeletePrecise and informative content. Good work Vivek.
ReplyDeleteThanks brij
DeleteGood work Vivek
ReplyDeleteSo this case can't be appeled?
ReplyDeleteCan be appealed thru review petition but I dont think that wud be helpful in this case.
Deletethank u so much sir, for this worthy attempt.
ReplyDeletethank u.