How NJAC is unconstitutional?

On 16 October 2015, the Constitution Bench of Supreme Court by 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.

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 …

Why was the Constitution Ninety Ninth Amendment Act 2014 held to be unconstitutional by the Supreme Court?

On 16 October 2015, in a 4-1 majority verdict, the Supreme Court held that both the Constitution (Ninety-ninth Amendment) Act, 2014, and the National Judicial Appointments Commission (NJAC) Act, 2014, were unconstitutional as it would undermine the independence of the judiciary.

What is 4th judges case?

that the Court could review an administrative decision against any extraneous considerations or irrelevant material. This doctrine has been specifically upheld by the SC for administrative decisions of the judiciary, in its recent decision in Indira Jaising v. Supreme Court of India.

What was the purpose of the NJAC judgement?

This is to give the court flexibility of protecting the Constitution while limiting the exercise of democratic power as little as possible. Third stage, if the law cannot be so interpreted, it is struck down. However, in the present judgement the court jumped directly from the first stage to the last.

What did Justice Khehar say in the NJAC judgement?

Justice Khehar described the collegium system of appointment as an unhealthy practice. The dissenting opinion suggested presenting a list of candidates for each of the two nominees to a vote of the judges in the Supreme Court. This was to prevent a bipartisan compromise between the political parties.

Who are the judges on the NJAC Commission?

The Commission favoured change, and prescribed a National Judicial Appointments Commission (NJAC) consisting of the CJI and two seniormost judges, the Law Minister, and an eminent person from the public, to be chosen by the President in consultation with the CJI.

Who is the Collegium of judges in India?

The Collegium of judges is the Indian Supreme Court’s invention. It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation. In effect, it is a system under which judges are appointed by an institution comprising judges.