National Judicial Appointments Commission information
Failed proposal for an Indian legal body
For the commission in England and Wales, see Judicial Appointments Commission.
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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Repealed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
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]
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]
^"The Constitutions (Ninety-ninth) Amendment) Bill, 2014" (PDF). Govt, of India. Retrieved 15 August 2014.
^"Rajya Sabha Passes First NJAC Bill". Bloomberg TV India.
^"The Constitution (121st Amendment) Bill, 2014" (PDF). Parliament of India. Retrieved 25 August 2014.
^"National Judicial Appointments Commission Bill, 2014" (PDF). Parliament of India. Retrieved 25 August 2014.
^"New judicial panel gets President's nod, collegium system ends". Times of India. PTI. 31 December 2014. Retrieved 1 January 2015.
^"National Judicial Appointments Commission – Overview". 1, Law Street. 2 January 2015. Retrieved 3 June 2015.
^"Constitution (Ninety-ninth Amendment) Act, 2014" (PDF). Gazette of India. Retrieved 14 April 2015.
^"National Judicial Appointments Commission Act, 2014 (40 of 2014)" (PDF). Gazette of India. Retrieved 14 April 2015.
^"NOTIFIED: Constitution (Ninety-ninth Amend) Act, 2014 & National Judicial Appointments Commission Act, 2014". 1, Law Street. 13 April 2015. Retrieved 30 April 2015.
^"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.
^"Supreme Court upholds collegium system of appointment of judges, rules NJAC unconstitutional". IBN Live. 16 October 2015.
^"NJAC Act unconstitutional, collegium system to continue: Apex Court". The Hindu Business Line. Press Trust of India. 16 October 2015. Retrieved 26 October 2018.
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