What is NJAC and why was it formed explain with important case laws?

The National Judicial Appointments Commission (NJAC) was a body tasked with appointing judges to the higher judiciary in India. 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”.

Why was the Constitution Ninety Ninth Amendment Act 2014 held invalid?

The Constitution (Ninety-ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014, is declared unconstitutional and void. The clauses provided in the amendment are inadequate to preserve the primacy of the judiciary, a basic feature of the constitution.

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.

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.

What is the Article 124?

Article 124 THE UNION JUDICIARY – Constitution Of India (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven2 other Judges. (b) a Judge may be removed from his office in the manner provided in clause (4).

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 104th amendment Act?

The One Hundred and Fourth Amendment of the Constitution of India, extends the deadline for the cessation for the reservation of seats for members from Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies by a period of 10 years.

What is 104th Amendment Act?

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 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 does NJAC stand for as an organization?

As a non-partisan organization that represents the only true regional form of government in the State with a unified and proactive voice, NJAC is committed to advancing innovative programs and initiatives that enhance the level of service provided and save valuable taxpayer dollars.

What was the National Judicial Appointments Commission ( NJAC )?

National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the appointment and transfer of judges to the higher judiciary in India. The Commission was established by amending the Constitution of India through the ninety-ninth constitution amendment with…

What is the Administrative Code of New Jersey?

The New Jersey Administrative Code, an official publication of the State of New Jersey, compiles all effective rules adopted by State agencies and filed with the Office of Administrative Law. The New Jersey Administrative Code is regularly updated in a loose-leaf format organized by State agency content.

Why was the collegium system replaced by NJAC?

The Collegium System faced a lot of criticism not only from the government but also from civil society due to its Lack of Transparency and Accountability. This led to the 99th Constitutional Amendment Act, 2014 the National Judicial Commission Act (NJAC) to replace the collegium system for the appointment of judges. 6.