National Judicial Appointments Commission – NJAC
But it was struck down by the Supreme Court on the grounds that it
was against the “Independence of Judiciary” i.e Principles of Basic Structure since
it involved the Political Executive in the appointment of Judges.
Why NJAC is declared unconstitutional Upsc?
National Judicial Appointments Commission – NJAC
But it was struck down by the Supreme Court on the grounds that it
was against the “Independence of Judiciary” i.e Principles of Basic Structure since
it involved the Political Executive in the appointment of Judges.
In which case the NJAC has been declared and unconstitutional?
In 2015, in what is popularly called the NJAC case, the Supreme Court declared
Article 124A
to be unconstitutional and struck down the Constitution (99th Amendment) Act, 2014. It also declared the NJAC Act, 2014 to be bad in law as a consequence.
Why did the courts struck down the NJAC act?
The NJAC, brought in through a constitutional amendment, was struck down precisely because
it was an ugly compromise strengthening the government and political elements
. Little would be left of India’s Constitution if its judicial custodians are selected politically.
In which year the Supreme Court declared the NJAC Act unconstitutional?
SC declares NJAC unconstitutional
In a collective order, on 16 October 2015 the Supreme Court by a majority of 4:1 struck down the NJAC Act, 2014 meant to replace the two-decade old collegium system of appointing judges in the higher judiciary.
What is 100th amendment of Indian Constitution?
(Legislative Department)
An Act further to amend the Constitution of India
to give effect to the acquiring of territories by India and transfer of certain territories to Bangladesh
in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh.
What is Article 124A of Indian Constitution?
Article 124A Constitution of India:
National Judicial Appointments Commission
. … (2) No act or proceedings of the National Judicial Appointments Commission shall be questioned or be invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the Commission.
How many articles are there in the constitution 2020?
Now the Constitution of India has
448 articles
in 25 parts and 12 schedules. There are 104 amendments (took place on 25th January 2020 to extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies) that have been made in the Indian constitution so far.
What is NJAC system?
NJAC is
a body responsible for the appointment and transfer of judges to the higher judiciary in India
. NJAC Bill sought to replace the collegium system of appointing the judges of Supreme Court and High Courts with judicial appointments commission wherein the executive will have a say in appointing the judges.
The Bill seeks to
enable equal participation of Judiciary and Executive
, make the appointment process more accountable and ensure greater transparency and objectivity in the appointments to the higher judiciary.
What case is struck down by Njac?
The 2015 Supreme Court judgment
striking down the National Judicial Appointments Commission (NJAC) — a body conceived by the Narendra Modi government for appointing judges to the Supreme Court and high courts — is flawed and goes against the will of the people and the Constitutional mandate, senior counsel and former …
What was the composition of Njac?
According to the bill the commission will consist of the following members:
Chief Justice of India (Chairperson, ex officio) Two other senior judges of the Supreme Court next to the Chief Justice of India
– ex officio. The Union Minister of Law and Justice, ex-officio.
Is there any need for judicial commission?
Conclusion:- The judicial commission is an absolute necessity to put in place a transparent system for selecting judges for appointment. They should also have
investigative machinery
at their disposal, through which they can evaluate complaints against judges and proposed candidates investigated.
Who is the current Chief Justice of Supreme Court?
There are a total of 48 Chief Justices of India that have served since the establishment of the Supreme Court of India in 1950, which superseded the Federal Court of India. The current Incumbent and 48th Chief Justice of India is
Nuthalapati Venkata Ramana
, who entered office on 24 April 2021.
How many judges are there in Supreme Court?
The Supreme Court of the United States
The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress. There have been as few as six, but since 1869 there have been
nine Justices
, including one Chief Justice.
When did collegium system started in India?
The nation, citizens and the judiciary must guard against the dilution of its independence. To ensure democracy in the judicial system, a novel mechanism of the Collegium System was established in
1993
.
