National_Judicial_Appointments_Commission

National Judicial Appointments Commission, 2014
National Judicial Appointments Commission, 2014
Parliament of India
	Long title An Act further to amend the Constitution of India. ;
Citation	99th Constitutional Amendment Act
Territorial extent	India
Assented to	15 August 2014
Commenced	31 December 2014
Repealed	16 October 2015
Struck down by
	Supreme Court of India
	Status: Struck down

National Judicial Appointments Commission

Failed proposal for an Indian legal body

The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the government of India and in all state governments of India. The commission was established by amending the Constitution of India through the 99th constitution amendment with the Constitution (Ninety-Ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014.^[1]^[2] The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission.^[3]^[4]^[5]^[6] The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the President of India Pranab Mukherjee on 31 December 2014.^[7] The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.^[8]^[9]^[10]^[11]

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On 16 October 2015, the Constitution Bench of Supreme Court by a 4:1 majority upheld the collegium system and struck down the NJAC as unconstitutional after hearing the petitions filed by several persons and bodies with Supreme Court Advocates on Record Association (SCAoRA) being the first and lead petitioner.^[12]^[13] Justices J. S. Khehar, Madan Lokur, Kurian Joseph and Adarsh Kumar Goel had declared the 99th Amendment and NJAC Act unconstitutional while Justice Jasti Chelameswar upheld it.^[14]

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[1] [1]
"The Constitutions (Ninety-ninth) Amendment) Bill, 2014" (PDF). Govt, of India. Retrieved 15 August 2014.

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"Rajya Sabha Passes First NJAC Bill". Bloomberg TV India.

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"National Judicial Appointments Commission Bill, 2014" (PDF). Retrieved 15 August 2014.

[4] [4]
"National Judicial Appointments Commission Bill, 2014". PRS Legislative Research. Retrieved 15 August 2014.

[121_Bill-5] [5]
"The Constitution (121st Amendment) Bill, 2014" (PDF). Parliament of India. Retrieved 25 August 2014.

[NJAC_2014_Bill-6] [6]
"National Judicial Appointments Commission Bill, 2014" (PDF). Parliament of India. Retrieved 25 August 2014.

[7] [7]
"New judicial panel gets President's nod, collegium system ends". Times of India. PTI. 31 December 2014. Retrieved 1 January 2015.

[8] [8]
"National Judicial Appointments Commission – Overview". 1, Law Street. 2 January 2015. Retrieved 3 June 2015.

[9] [9]
"Constitution (Ninety-ninth Amendment) Act, 2014" (PDF). Gazette of India. Retrieved 14 April 2015.

[10] [10]
"National Judicial Appointments Commission Act, 2014 (40 of 2014)" (PDF). Gazette of India. Retrieved 14 April 2015.

[11] [11]
"NOTIFIED: Constitution (Ninety-ninth Amend) Act, 2014 & National Judicial Appointments Commission Act, 2014". 1, Law Street. 13 April 2015. Retrieved 30 April 2015.

[12] [12]
"Supreme Court Advocates-on-Record - Association & Anr. v/s Union of India (WRIT PETITION (CIVIL) NO. 13 OF 2015)" (PDF). Supreme Court of India. 16 October 2015. Retrieved 17 October 2015.

[13] [13]
"Supreme Court upholds collegium system of appointment of judges, rules NJAC unconstitutional". IBN Live. 16 October 2015.

[14] [14]
"NJAC Act unconstitutional, collegium system to continue: Apex Court". The Hindu Business Line. Press Trust of India. 16 October 2015. Retrieved 26 October 2018.

[njac-challenge-1-15] [15]
"NJAC Act and 99th constitutional amendment faces challenge at Supreme Court; petitions by AoR Association and Senior Advocates". 1, Law Street. 2 January 2015. Retrieved 3 June 2015.

[16] [16]
"NJAC premature challenge dismissed by the Supreme Court". 1, Law Street. 25 August 2014. Retrieved 3 June 2015.

[17] [17]
"Supreme Court refers NJAC Challenge to Constitution Bench – SCAORA v. UOI". 1, Law Street. 8 April 2015. Retrieved 3 June 2015.

[18] [18]
"SC declares NJAC unconstitutional; Chelameswar J dissents [Read Judgment]". 1, Law Street. 16 October 2015. Retrieved 21 October 2015.

[njac-19] [19]
"SC declares NJAC unconstitutional, upholds Collegium". THE HINDU. 16 October 2015.

[20] [20]
""India has taken a step backwards by retaining the collegium" - Senior Advocate KK Venugopal". Bar & Bench. 20 October 2015. Archived from the original on 21 October 2015. Retrieved 21 October 2015.

[21] [21]
"From BJP to Congress: Reactions to Supreme Court striking down the NJAC Act". FIRSTPOST. 16 October 2015.

[22] [22]
Dev, Atul. "What the Indian judiciary has done to itself". The Caravan. Retrieved 20 July 2019.

[23] [23]
"SC asks Centre to compile views to improve judge appointments". The Hindu. 3 November 2015.

[24] [24]
"Collegium system will remain in existing parameters, says Supreme Court". IBN Live. 3 November 2015.

[25] [25]
"AG pulls out of drafting procedure to appoint judges". The Hindu. 19 November 2015.

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National_Judicial_Appointments_Commission

National Judicial Appointments Commission

Constitution of NJAC

Composition

Promotional Hierarchy

All India Judicial Service

All India Legal Service

State Regional Legal Service

Indian Legal Services

State Legal Services

Functions of the Commission

Procedures to be followed by the Commission

Procedure for selection of Supreme Court judges

Chief Justice of India

Supreme Court judges

Procedure for selection of High Courts judges

Chief Justices of High Courts

Appointment of other High Court judges

Challenge to the constitutionality

SC declares NJAC unconstitutional

Support for NJAC

Later developments

See also

References

External links

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National Judicial Appointments Commission, 2014

Parliament of India
Long title An Act further to amend the Constitution of India.
Citation	99th Constitutional Amendment Act
Territorial extent	India
Assented to	15 August 2014
Commenced	31 December 2014
Repealed	16 October 2015
Struck down by
Supreme Court of India
Status: Struck down