SC declares NJAC as 'unconstitutional and void'

17/10/2015

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
               

      



8 comments:

  1. Thanks for such important analysis.
    keep it up my dear

    ReplyDelete
    Replies
    1. this initiative is open for your valuable contribution.

      Delete
  2. Precise and informative content. Good work Vivek.

    ReplyDelete
  3. So this case can't be appeled?

    ReplyDelete
    Replies
    1. Can be appealed thru review petition but I dont think that wud be helpful in this case.

      Delete
  4. thank u so much sir, for this worthy attempt.
    thank u.

    ReplyDelete