Which Constitutional Amendment Act dealing with National Judicial Appointments Commission,was declared unconstitutional by the Constitution Bench of the Supreme Court?
Correct Answer: C. 99th Constitutional Amendment Act
Explanation: National Judicial Appointments Commission (NJAC) – Recommendation of the Constitution Review Commission – The establishment of the Judicial Appointments Commission (NJAC) was recommended for the appointment of judges. 99th Constitutional Amendment, 2014 – This amendment was introduced to address the discrimination and shortcomings of the collegium system. This amendment provided for the formation of the NJAC under Article 124(A). First Bill (2012) – The 120th Constitutional Amendment Bill was introduced in the Lok Sabha. But due to the dissolution of the Lok Sabha in 2014, this bill lapsed. Second Bill (2014) – The 121st Constitutional Amendment Bill was introduced in August 2014. The bill was passed and came into effect as the 99th Constitutional Amendment on January 1, 2015. Three articles were added by it: 1. Article 124(A) - Composition of the NJAC 2. Article 124(B) - Functions of the NJAC ● Recommending appointments. ● Recommending transfers. 3. Article 124(C) - Parliament was given the power to make laws regarding the NJAC. Article 124(A) - Composition of the NJAC The NJAC had a total of six members. 1. Chief Justice of India (Chairperson) 2. Two senior-most judges of the Supreme Court 3. Law Minister of the Government of India (ex-officio member) 4. Two legal expert members ● (One of these members must be from an SC/ST, minority, or woman) ● Term of these two legal experts - 3 years ● Non-repairable ● Appointment to this position will be made by a committee. ● Members on the Committee - 1. CJI 2. PM 3. Leader of the Opposition Declaring the NJAC unconstitutional (Fourth Judges Case, 2015) Case: Supreme Court Advocates-on-Record Association v. Union of India (2015) Bench Chairman: Justice J.S. Kehar Verdict: On October 16, 2015, a five-judge bench of the Supreme Court, by a 4:1 majority, declared the NJAC and the 99th Amendment unconstitutional. The collegium system was reinstated. Reason for the decision: PYQ’s Solution English 1 The NJAC was against the independence of the judiciary. The role of the executive in the NJAC could have influenced judicial appointments. This case is also known as the "Fourth Judges Case" 2015. Memorandum of Procedure (MoP) Following the repeal of the NJAC, a Memorandum of Procedure (MoP) was enacted regarding the appointment of judges. The MoP is a document that sets out the procedure for the appointment of judges. It was prepared by consensus between the Government of India and the Collegium for appointments to the Supreme Court and High Courts. (Article 124(B) - Functions of the NJAC 1. Recommending the appointment of the Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts, and other Judges of High Courts.
