INDIAN POLITY

National Judicial Appointments Commission (NJAC)

  • Context: Chief Justice of India (CJI) Surya Kant orally stated that the court will consider a plea seeking to revive the National Judicial Appointments Commission (NJAC).

About National Judicial Appointments Commission (NJAC)

  • It was created through the 99th Constitutional Amendment Act, 2014 and NJAC Act, 2014.
  • It sought to replace the collegium system with a multi-stakeholder body to appoint judges to the SC and HCs.

Composition of NJAC:

  • Chief Justice of India (Chairperson)
  • Two senior-most SC judges
  • Union Law Minister
  • Two eminent persons (selected by PM, CJI, and LoP, with one from SC/ST/OBC/women/minorities)

Reasons for Striking Down the NJAC

  • In 2015, a 5-judge Bench (4:1) ruled NJAC unconstitutional as it violated the Basic Structure Doctrine.
  • The Court observed that judicial primacy in appointments is part of the basic structure and NJAC allowed the executive to interfere via veto powers.
  • Concerns over independence of judiciary and possible 3-3 deadlocks led to the rejection of the law.

 

Next Current Affairs INDIAN POLITY >