SC declared NJAC Act, 2014 as unconstitutional and upheld the Collegium system to appoint the judges of higher judiciary, which was established by the SC in 1993
1. It declared 99thConstitutional Amendment Act as unconstitutional and void.
2. It empowers Parliament to enact a law regarding composition, function and procedure of the NJAC.
3. According to the existing Collegium system the Chief Justice of India would consult the four senior most judges of the Supreme Court for Supreme Court appointments and two senior-most judges for high court appointments.
Which of the statements given above are correct?
SC declared NJAC Act, 2014 as unconstitutional and upheld the Collegium system to appoint the judges of higher judiciary, which was established by the SC in 1993
1. It declared 99thConstitutional Amendment Act as unconstitutional and void.
2. It empowers Parliament to enact a law regarding composition, function and procedure of the NJAC.
3. According to the existing Collegium system the Chief Justice of India would consult the four senior most judges of the Supreme Court for Supreme Court appointments and two senior-most judges for high court appointments.
Which of the statements given above are correct?
The correct option is D 1,2 and 3
SC ruled that 99th Constitutional Amendment Act and the National Judicial Appointments Commission (NJAC) Act, 2014 is unconstitutional and void.It also upheld the Collegium system that existed before the NJAC as operative. Collegium System was established by the SC in 1993 for the appointment of judges to the higher judiciary.
Background
The National Judicial Appointments Commission (NJAC) Act, 2014 and the Constitution (Ninety-ninth Amendment) Act, 2014. It was designed to replace the existing Collegium system of appointing judges of higher judiciary, viz., Supreme Court and High Courts.
The Constitutional Amendment Bill seeked to amend Article 124 (2) of the Constitution that provides for the appointment of the judges of higher judiciary and inserts Article 124A, Article 124B and Article 124C providing for composition and function of the National Judicial Appointments Commission.
On the other hand, National Judicial Appointments Commission Bill, 2014 lays down the procedure to be followed by the proposed six-member body for appointment and transfer of judges of higher judiciary. It empowers Parliament to enact a law regarding composition, function and procedure of the NJAC.
Composition and Function of NJAC
1. The NJAC comprises of six-members which include Chief Justice of India as Chairman, Union Law Minister, two senior-most Supreme Court judges and two eminent persons.
2. The two eminent persons will be selected by a collegiums comprising of Prime Minister, Chief Justice of India and leader of the opposition or the leader of the single largest party in the Lok Sabha.
3. Besides, one eminent person should belong to the SC, ST, women or minority community, preferably by rotation and will have tenure of three years.
4. The NJAC will recommend to the President for the appointment and transfer of judges of higher judiciary, viz., Supreme Court and High Courts.
5. It will also make recommendations for the appointment of Chief Justice of India and Chief Justices of High Courts.
Before going into the arguments in favour and against the NJAC, it would be pertinent to understand about collegiums system
Collegium System.
The Collegium system was in consonance with the trend of judicial activism undertaken by the Supreme Court in the late 1980s. The system got concrete shape in 1998 in Third Judge case wherein SC laid down elaborate selection process of judges of higher judiciary. Under the Collegium system, the Chief Justice of India would consult the four senior most judges of the Supreme Court for Supreme Court appointments and two senior-most judges for high court appointments.
1,2 and 3
SC ruled that 99th Constitutional Amendment Act and the National Judicial Appointments Commission (NJAC) Act, 2014 is unconstitutional and void.It also upheld the Collegium system that existed before the NJAC as operative. Collegium System was established by the SC in 1993 for the appointment of judges to the higher judiciary.
Background
The National Judicial Appointments Commission (NJAC) Act, 2014 and the Constitution (Ninety-ninth Amendment) Act, 2014. It was designed to replace the existing Collegium system of appointing judges of higher judiciary, viz., Supreme Court and High Courts.
The Constitutional Amendment Bill seeked to amend Article 124 (2) of the Constitution that provides for the appointment of the judges of higher judiciary and inserts Article 124A, Article 124B and Article 124C providing for composition and function of the National Judicial Appointments Commission.
On the other hand, National Judicial Appointments Commission Bill, 2014 lays down the procedure to be followed by the proposed six-member body for appointment and transfer of judges of higher judiciary. It empowers Parliament to enact a law regarding composition, function and procedure of the NJAC.
Composition and Function of NJAC
1. The NJAC comprises of six-members which include Chief Justice of India as Chairman, Union Law Minister, two senior-most Supreme Court judges and two eminent persons.
2. The two eminent persons will be selected by a collegiums comprising of Prime Minister, Chief Justice of India and leader of the opposition or the leader of the single largest party in the Lok Sabha.
3. Besides, one eminent person should belong to the SC, ST, women or minority community, preferably by rotation and will have tenure of three years.
4. The NJAC will recommend to the President for the appointment and transfer of judges of higher judiciary, viz., Supreme Court and High Courts.
5. It will also make recommendations for the appointment of Chief Justice of India and Chief Justices of High Courts.
Before going into the arguments in favour and against the NJAC, it would be pertinent to understand about collegiums system
Collegium System.
The Collegium system was in consonance with the trend of judicial activism undertaken by the Supreme Court in the late 1980s. The system got concrete shape in 1998 in Third Judge case wherein SC laid down elaborate selection process of judges of higher judiciary. Under the Collegium system, the Chief Justice of India would consult the four senior most judges of the Supreme Court for Supreme Court appointments and two senior-most judges for high court appointments.
