Judicial Appointments Conundrum Pre-NJAC Verdict

SC Bench strikes down NJAC Act as ‘unconstitutional and void’

  1. Declaring that the judiciary cannot risk being caught in a “web of indebtedness” towards the government, the SC rejected the NJAC Act and the 99th Constitutional Amendment.
  2. The Bench in a majority of 4:1 rejected the NJAC Act and the Constitutional Amendment as “unconstitutional and void.”
  3. But interestingly, the Bench admitted that all is not well even with the collegium system of “judges appointing judges”.

The collegium system remains operative

  1. Declaring that the judiciary cannot risk being caught in a “web of indebtedness” towards the government, the SC rejected the NJAC Act and the 99th Constitutional Amendment.
  2. The Bench in a majority of 4:1 rejected the NJAC Act and the Constitutional Amendment as “unconstitutional and void.”
  3. But interestingly, the Bench admitted that all is not well even with the collegium system of “judges appointing judges”.

After receiving Presidential assent on Dec. 31, 2014, the collegium system of appointing judges to the SC and high courts was replaced by a new body called the National Judicial Appointments Commission.

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