Tag: National Judicial Appointments Commission (NJAC)

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.