This is the full text of the supreme court s judgment on the validity of the njac, in which it brought back the collegium system for appointment of judges to the higher judiciary. The njac proposes to make the appointment of high court and supreme court judges and chief justices more transparent. Virtual legal assistant, query alert service and an adfree experience. There was recently a landmark judgement which declared the national judicial appointment commission unconstitutional. Sole route to an independent judiciary the primacy of. Singapore international commerci al court practice directions. Criticism continues for supreme courts verdict on njac. Appreciating that the judiciary has a constitutional obligation to ensure that everybody acts in the best interests of the child, the chief justice of india set up a committee in the supreme court to address the issues of effective implementation of the act of 2000 such is the importance given by the judiciary to the rights of children. Overview of the njac judgment in 2014 njac was established through the 99th amendment act and the national judicial appointments commission act. The court directed coai to promulgate new rules by. Withdrawal, substitution, termination of responsibility of attorney. Three dimensions over a week has passed since the supreme court of india, in what will most commonly be described as the fourth judges case, struck down a constitutional amendment and a law enacted by parliament seeking to reform the process of judicial. The supreme court judgment on the njac controversy. Guide for the conduct of arbitration originating summons.
Appointment of judges the judicial scenario in ppt 2. This article is a legal analysis of the supreme court judgment in the appointment of judges case. Supreme court judgement on judicial appointments was wrong. However, some experts are not satisfied with the courts judgment. Oct 16, 2015 they cannot be compared for obvious reasons. Union of india1, hereinafter referred to as, the first judges case. The author examines the njac cases treatment of the question of primacy of judges. Consisting of the chief justice of india and a maximum of 34 judges, it has extensive powers in the form of original, appellate and advisory jurisdictions. Supreme court strikes down njac act as flawed, says collegium. In a setback to nda government, the supreme court on friday struck down as unconstitutional the national judicial appointments commission njac act that was brought in to replace the over twodecadeold collegium system of judges appointing judges in the higher judiciary. In the aftermath of the supreme court s verdict that invalidated the 99th constitution amendment, rendering nugatory the national judicial appointments commission njac, a popular narrative. This has been now referred to as fourth judge case. The supreme court on friday struck down national judicial appointments council njac as unconstitutional.
Oct 17, 2015 the collegium system remains operative. Supreme court advocatesonrecord association and another. Check judgments of supreme court of india national. Njac is unconstitutional upsc online ias preparation. Union of india 1993 supreme court advocatesonrecord v. They will be selected by the commission, whose members will be drawn from the. The chief justice and judges of the high courts are. This essay comments on how the judgment in the national judicial appointments commission case is a befitting affirmation of judicial independence by the supreme court, against endemic executive interference in judicial appointments and transfers. Justice khehar began the pronouncement by thanking all the counsels who appeared in the case. The validity of njac was challenged before the supreme court in supreme court advocatesonrecord v. The constitution bench of the supreme court declared national judicial commission njac unconstitutional as it violates basic structure of constitution of india by 4.
Further, their application of their understanding of judicial primacy to strike down the presence of the union law minister and eminent persons on the. By striking down the 99 th constitutional amendment, the supreme court of india has clearly indicated that njac national judicial appointments commission is not a credible alternative to the supreme courts collegium. Justice verma, the one who authored the majority opinion later regretted and said in an interview my 1993 judgment, which holds the field, was very much misunderstood and misused. Njac was completely supported by rajya sabha and lok sabha. August 30, 2017 njac was perceived as an attempt to interfere with the independence of judiciary. It argues that a majority of the judges did not hold judicial primacy to be part of the basic structure, as has been commonly misunderstood. The appointment of supreme court judges in india has created quite a furore among the indian executive and judiciary alike.
Under the orders of the supreme court in the njac matter, the memorandum of procedure is required be finalised by the government of india and the chief justice of india in consultation with the four seniormost judges of the supreme court. The constitution ninetyninth amendment act, 2014 sought to replace the collegium system with the national judicial appointments commission njac. When the supreme court struck down as unconstitutional the njac act 2014 as passed by the parliament, it saw the need to send to the government a memorandum of procedure mop for appointment of. Law of the land supreme courts judgement on national. On september 26, 20, tha new jersey supreme court issued an opinion that modified and affirmed this court s 2010 decision. The supreme court judgment on the njac decoded youtube. The njac judgment in early 2015, the supreme court advocatesonrecord association and senior advocates filed writ petitions before the supreme court challenging the constitutionality of the ninetyninth amendment and the njac act. The court can take judicial notice of this information on the doccs website. Supreme court strikes down njac act as flawed, says. We would like to show you a description here but the site wont allow us.
Surprised by the verdict of the supreme court on njac. The national democratic alliance government at the centre had passed the njac bill to remove the twodecadeold collegium system, where a group of judges decided who would be judges in the supreme court sc and high courts. Oct 19, 2015 finance minister arun jaitley has said the supreme court s judgment which struck down the national judicial appointments commission for higher judiciary was based on an erroneous logic. In the landmark judgment that will enable the collegium system to continue, the apex court, which quashed the njac act in an unanimous decision, also declared as unconstitutional the 99th amendment to the constitution to bring in the act to replace the collegium system. 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. Oct 30, 2015 in the aftermath of the supreme courts verdict that invalidated the 99th constitution amendment, rendering nugatory the national judicial appointments commission njac, a popular narrative.
Arun jaitley questions logic of supreme court order on. The supreme court, therefore, needs to move beyond the institutional formulation of judicial independence. On the other hand, the doctrine of eclipse would call for the supreme court to tinker with the process of njac carefully so that the current portions of the law that are unconstitutional are. The commission was established by amending the constitution of india through the ninetyninth constitution amendment with the constitution ninetyninth amendment.
Supreme court collegium system and national judicial. This essay provides a conceptual understanding of judicial independence, against the backdrop of certain pivotal instances from indias judicial. Read the judgment here pdf read the njac judgment pdf. Former supreme court judge kurian joseph regrets his. In a facebook post titled, the njac judgement an alternative view, jaitley wrote, the supreme court of india, by a majority opinion, has struck down the 99th constitution amendment. It was pointed out, that this was yet another instance, where the presidents noticeable role in the functioning of the higher judiciary, was.
This essay critically analyses the judgment in the njac case against the vehemently contested issue of judicial primacy in appointments. Sc bench strikes down njac act as unconstitutional and void. Contrary to this court, the supreme gourt did not prohibit alternate approaches to satisfaction of the housing obligation. It could have also conferred veto power on the chief justice while appointing an eminent person.
Significantly each of the six members of the njac would have a vote, and two members would be able to veto an appointment to the court. Oct 18, 2015 union finance minister arun jaitley on sunday said the supreme court s decision to quash the national judicial appointments commission njac was a setback to parliamentary sovereignty, as it. Users can search the judgments by petitioner name, respondent name, judge name, case number, text, phrase, act, held wise, date of judgment, constitution bench etc. This essay examines the concept of the primacy of judges in judicial appointments, as understood in supreme court advocatesonrecord association v union of india the njac judgment. Nov 09, 2015 the supreme court struck down the national judicial appointments commission njac law which was passed by both houses of parliament unanimously. The supreme court judgement overturning a law which gave government more say in judicial appointments was wrong, former attorney general mukul rohatgi said on. The bench said that the judgment was the collective view of the court. 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. Reference was then made to article 128, whereby the chief justice of india, with the previous approval of the president, could require a retired judge of the supreme court, or a person who has held office as a judge of a high court, and was duly qualified for appointment as a judge of the supreme court, to sit and act as a judge of the supreme court. The supreme court today declared the national judicial appointments commission njac, and the constitutional amendments involved, to be in violation of the constitution of india. Union of india and its advisory opinion 1998 in third judges case, had interpreted articles 1242 and 2171 of the constitution with respect to the meaning of consultation as. It must be noted that the judgement never explained why judges controlling the judicial appointment is a necessary component of judicial independence. Union of india judges appointment cases is responsible for moving the present system of appointment of judges.
The essay commences with a discussion of the second judges case, and the judicial rationale behind construing consultation under article 124 of the constitution as. Rules governing the courts of the state of new jersey. The bench struck down on the governments arguments that the question of validity of the njac and the 99th constitutional amendment should be referred to a larger bench in light of the two judges cases of 1993 and 1998. Argued november 30, 2016 decided january 18, 2017 on appeal from the superior court, appellate. The collegium system of judicial appointments is here to stay. National judicial appointments commission wikipedia. The veto power with the law minister or with a nonjudge members, as against a supreme court judge who is the member of the collegium, may involve interference with the independence of judiciary. The supreme court struck down the national judicial appointments commission njac law which was passed by both houses of parliament unanimously. Njac out after sc strikes down 99th constitutional amendment. The judgments information system consists of the judgments of the supreme court of india and several high courts. Finance minister arun jaitley, a lawyer, wrote a stinging critique on sunday on the apex courts judgment on friday that the national judicial appointments commission njac. Collegium system of supreme court and high courts of india, based on the precedence established by the three judges cases, is a legally valid system of appointment and transfer of judges in the supreme court of india sc and all high courts of india hc. Sc bench strikes down njac act as unconstitutional and. It is regarded as the most powerful public institution in india.
Supreme court of india, it also analyses the primacy of judiciary vis the basic structure doctrine. Arun jaitley questions logic of supreme court order on judges. Supreme court of new jersey a1 september term 2016 077565 in re declaratory judgment actions filed by various municipalities, county of ocean, pursuant to the supreme courts decision in in re adoption of n. Under the old collegium system, five top judges of the apex court used to recommend the transfer and elevation of judges to the supreme court and the. For instance, it could read down the veto power to apply only to judges of the njac. 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. Article 21 an appeal shall lie to the supreme court from any judgment, decree or final order of a high court in the territory of india constitutional provision relating to high court. Establishment and constitution of supreme court says that. Finance minister arun jaitley has said the supreme courts judgment which struck down the national judicial appointments commission for higher judiciary was based on an erroneous logic. Sadananda gowda it is a flawed judgment ignoring the unanimous will of the parliament. In addition, the njac would have the power to promulgate new regulations governing criteria for selection and procedures for appointment of indian supreme court and high court judges.
Ratan k singh, chairman, ciarb india media firms forcing layoffs and salary cut making corona. The judgments reported in scr till 1993 also have headnotes. Oct 16, 2015 the constitution bench of the supreme court declared national judicial commission njac unconstitutional as it violates basic structure of constitution of india by 4. Supreme court advocatesonrecord association vs union. Njac is unconstitutional upsc online ias preparation pdf. Supreme court strikes down njac act as flawed, says collegium system more transparent. Debating the njac judgment of the supreme court of india. The supreme court judgement overturning a law which gave government more say in judicial appointments was wrong, former attorney general mukul rohatgi said on tuesday. The njac judgment struck down the 99th constitutional amendment, which sought to replace the collegium system of judicial appointments with a national. Pil in supreme court seeks quashing of firs under sec188 ipc and for other petty offences amid lockdown. The court directed coai to promulgate new rules by feuruary 26, 2014. The judges in lower courts below the level of hc are appointed by respective hc collegium. Furthermore, the court assumes that judicial appointment affects judicial independence.
As per article141 of the constitution of india, the judgments passed by the supreme court are binding on all courts within the territory of india. On september 26, 20, tha new jersey supreme court issued an opinion that modified and affirmed this courts 2010 decision. Contempt of court and enforcement of litigants rights related thereto. Reciprocity and feelings of payback to the politicalexecutive would be disastrous to independence of the judiciary. The third part, compares and analyses the appointment of judges in various other democracies. Supreme court advocatesonrecord association and another versus union of india njac judgment writ petition civil no. It has been argued that njac does not affect the independence of the judiciary. Users can search the judgments by petitioner name, respondent name, judge name, case number, text, phrase, act, held wise, date of judgment. The njac judgment in early 2015, the supreme court advocates on record association and senior advocates filed writ petitions before the supreme court challenging the constitutionality of the ninetyninth amendment and the njac act. In the case of the supreme court all reported judgments which are published in scr journal, since its inception i. Latest current affairs and news current affairs today.
Oct 16, 2015 in a landmark judgement on friday, the supreme court has upheld the collegium system of appointment of judges and had struck down the constitutional amendment that introduced national judicial. But the supreme court declared the amendment act as unconstitutional with a majority 41 judgment. 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 seven other judges. The judge noted that that there were three components in the judgment. In a landmark judgement on friday, the supreme court has upheld the collegium system of appointment of judges and had struck down the constitutional amendment that. Supreme courts njac judgement ignores larger constitutional. As regards the appointment of judges of the supreme court and high courts, the supreme court, in the matters of the supreme court advocatesonrecord association v. Jun 02, 2016 this essay examines the concept of the primacy of judges in judicial appointments, as understood in supreme court advocatesonrecord association v union of india the njac judgment. In this blogpost, haridya iyengar, a student of iiird year, jindal global law school, makes a critical analysis of the njac judgment and the need to introduce a more transparent system unlike the collegiums system which has its own flaws. Oct 17, 2015 supreme court strikes down njac act as flawed, says collegium system more transparent the supreme court struck down the narendra modi governments bid to give the executive a greater say in the selection of judges. Mar 01, 2018 when the supreme court struck down as unconstitutional the njac act 2014 as passed by the parliament, it saw the need to send to the government a memorandum of procedure mop for appointment of. As long as i continue to be a member of that five, i cannot give my views here. Former supreme court judge, justice kurian joseph, has said he regrets his decision quashing the national judicial appointments commission njac after seeing things now.
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