Press "Enter" to skip to content

Why was Njac held unconstitutional?

Why was Njac held unconstitutional?

The minister said even before the collegium system came into being in 1993 through a judicial verdict, good judges were appointed. But the Supreme Court had in October 2015 declared the NJAC Act unconstitutional, saying the presence of the Law Minister would compromise on the independence of judiciary.

Does Njac exist?

Four years ago, on October 16, 2015, the Supreme Court (SC) struck down as unconstitutional an amendment to the Constitution establishing the National Judicial Appointments Commission (NJAC). The SC agreed with his submissions and struck down the amendment. At law, the independence of the judiciary was preserved.

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.

What is Njac Judgement?

Through the decision, the Supreme Court had declared the 99th Constitutional Amendment, which sought to bring in the NJAC for judicial appointments, to be in violation of the Constitution.

What is Njac and Collegium system?

Body. Until the NJAC came along, Articles 124 and 217 of the Constitution dealt with the appointment of judges of the higher judiciary. This created the collegium system, wherein the three senior most Supreme Court judges decided on who would be a high court or Supreme Court judge. NJAC aimed at replacing the collegium …

Is collegium a law?

What is a collegium? The Collegium System is that under which appointments and promotion and transfer of the judges of the Supreme Court are decided by a forum which consists of the Chief Justice of India plus four of the senior-most judges of the Supreme Court.

How many members are there in collegium system?


What was the composition of Njac?

The composition of the NJAC includes as the Chief Justice of India, the two senior most judges of the Supreme Court, the Law Minister and two “eminent persons”. A sub-committee was further constituted to appoint the “eminent persons”.

Why was the National Judiciary created?

For what reasons did the framers provide for national judiciary? So that laws could be interpreted on a National level. States could now settle disputes between each other in neutral courts. Cases involving foreign countries could be handled.

Who appoints the CJI?


Who are the members of collegium?

Presently, the Members of Collegium are:

  • N. V. Ramana (CJI)
  • Rohinton Fali Nariman (Judge)
  • Uday Umesh Lalit (Judge)
  • Ajay Manikrao Khanwilkar (Judge)
  • Dhananjaya Yeshwant Chandrachud (Judge)

How many judges are in a collegium?