The njac was a body created to end the twodecadeold supreme court collegium system of judges appointing judges to the highest courts in the land. Collegium a private secondary and sometimes higher educational institution found in western europe from the 16th to the 18th centuries. Every judge of the supreme court shall be appointed by the president by warrant. The court held that word consultation should be construed as concurrence. Collegium system and njac for appointment of judges byjus. For everyone that opposed the collegium system for being opaque, all they wanted was a more transparent system of judicial appointment.
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. Section 5 and 6 deal with recommendations for the chief justice of india as. 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. National judicial appointments commission bill, 2014 pdf. 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 njac may not be the best thing to happen to judicial appointments, but it is a darn sight better than the opaque collegium system. The most important events of national and international importance is presented in a. As of now, no certain answer to these queries can be found. Judicial appointments conundrum prenjac verdict civilsdaily. An expansion of its jurisdiction while restricting the process of appointment to itself does not behoove well. India, two other senior justices, the union minister of law and jus tice, and two. The current government had introduced the national judicial appointments commission njac by way of a constitutional amendment to overcome the second judges case and thereby, do away with the collegium system. Anil divan, senior advocate the manner in which the bill is structured gives complete dominance to the executive and the legislature and i will tell you why.
It is instrumental in giving a proper mould to the social structure of any country. The njac act provides for the procedure to be followed by njac for recommending persons for appointment and transfer of chief justice of india and other judges of supreme court sc and chief justice and other judges of high courts hc 3. Why the collegium system needs to go on business standard. It overturned the sp gupta case and held that cji has the primacy in the appointment of judges in india. Upsc current affairs top 50 current affairs download pdf. Supreme court will rule today apart from the merits of njac, the bench will also give its findings on referring the issue to a larger bench and the question of recusal of judges who may become exofficio members of the njac in future. Latest current affairs and news current affairs today. Will the collegium revive itself if the supreme court. This is the 3rd edition of the book current issues whats hot today. Recently, the supreme court collegium has arbitrarily withdrawn its own. The eminent person in the present njac does not have any judicial background as a qualification and thus their eminence and expertise can be questioned by others while.
The supreme court on friday struck down national judicial appointments council njac as unconstitutional. The collegium for the appointment of judges of supreme court is headed by the chief justice of india and comprises of the four other seniormost judges of the supreme court. Judicial appointments with emphasis on indias njac model prerna tara student, ms. Which system for appointment of judges is better, the old. System and national judicial appointments commission njac. The njac would have replaced the collegium system for the appointment of.
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. The njac act and the 99th constitutional amendment act came into force on april 2015. The ninetyninth amendment act did not get rid of the collegium or the view of the chief justice having overwhelming weight, however it likewise made the head of the executive who additionally was the head of the legislative party and additionally the leader of the opposition as two critical persons in the choice of selectors of judges. To conclude it may be said, that the njac, may be a. The right of a hindu daughter to claim inheritance in the property of father is subject to a condition that the father. Peculiarities of the book current issues whats hot today. The supreme court rejected the national judicial appointments commission njac act and the 99th constitutional amendment which sought. The book covers 75 most probable topics issues for upsc mains and interview. The supreme court judgment on the njac controversy india hidden oct 16, 2015 14.
In a historic move to ensure transparency in judicial appointments, the supreme court collegium, led by chief justice of india dipak misra, has resolved to post on the courts website its recommendations on judicial appointments, transfers, and elevations for public consumption. Sc strikes down njac collegium system to continue in india 16 oct. Cji responds to ravi shankar prasad upsc materials. The judges in lower courts below the level of hc are appointed by respective hc collegium. The drawbacks of the collegium system as has been highlighted by. The supreme court argued that the njac hampered the independence of the judiciary, and struck it down in 2015. The supreme court on friday quashed the national judicial appointments commission njac act and also declared the 99th amendment to replace the collegium system unconstitutional. The supreme court on friday quashed the national judicial appointments commission njac act and also declared the 99th amendment to. In these twilight days of the collegium, the fate of the judiciarys independence might finally turn on a case that the. The new edition includes about 50 current issues which need your immediate attention. The decisions of the collegium are made through voting and the majority view prevails in case of difference of opinion. The president is required to hold consultations with such of the judges of the supreme court and of the high courts as he may deem necessary.
The 2nd edition of the clearias ebook current issues whats hot today. Sc bench strikes down njac act as unconstitutional and. Constitutional bench refused to refer the matter to a larger bench. National judicial appointments commission njac was a proposed body which would have. Interestingly, the 5judge constitution bench which. Njac vs collegium supreme court of india judiciaries. Though legislature has the power to make laws, this power is not absolute. The commission was established by amending the constitution of india through the ninetyninth constitution amendment with the constitution ninetyninth amendment act, 2014 or 99th constitutional amendment act.
National judicial appointments commission wikipedia. The supreme court rejected the national judicial appointments commission njac act and the 99th constitutional amendment which sought to give politicians and civil society a. The pupils were taught the seven liberal arts and theology, latin and greek, and some literature, geography, and. The njac replaced the collegium system for the appointment of judges. 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 here are a few things to know about the whole issue. Constitutional provisions judges of the supreme court and high courts are appointed by the president under articles 1242 and 217 of the constitution. A system of appointment and transfer of judges which is a result of a series of judgments called judges cases. The inputs were given by bar and civil society and ultimately sc passed an order that centre will prepare the mop in consultation with cji. Parliament can always fix what is broken, but right now it is the collegium system that is broken. National judicial appointments commission njac was proposed to be a constitutional body to replace the existing collegium system of appointing judges. Collegia were founded primarily by the jesuits and accepted only the children of the ruling classes. Transparency in collegium system click on the above link to download pdf why in news.
Njac is in, judges lose say in hiring government on monday brought into force a controversial law to appoint members to the higher judiciary, two days before a constitution bench of the supreme court hears a clutch of petitions challenging the national judicial appointments commission act. Njac is unconstitutional ias preparation pdf download. All you need to know njac ibps sbi ssc rrb rbi lic. The njac will be a great alternative to collegium system if certain changes are made. The supreme courts collegium of chief justice of india cji dipak misra and the next seniormost judges, justices j chelameswar, ranjan gogoi, madan b lokur and kurian joseph, have begun to post recommendations for elevations and other business on a new resolutions of the collegium section of its website according to minutes dated 3. In sharp criticism of the national judicial appointments commission njac judgment which revived the supreme court collegium, union law minister ravi shankar prasad said on sunday that at the core of the verdict is the judiciarys distrust in the capability of the law minister and the prime minister to appoint a fair judge. The collegium system of appointment, professed to keep the judiciary. Njac is listed in the worlds largest and most authoritative dictionary database of abbreviations and acronyms the free dictionary. National judicial appointments commission passed by the lok sabha on august 2014 and by the rajya sabha on 14 august 2014. Will the collegium revive itself if the supreme court voids the njac. The big picture judicial appointments why is it still. The supreme court had, however, struck down the said amendment as unconstitutional. Looking for online definition of njac or what njac stands for. Is njac eminent enough to replace the collegium system.
But in general, striking down of njac bill and the. Legal a critique alert tact, 2014 hereinafter called the. We thank all our readers for the warm support and reception given for the first and second editions. Participation of civil society stakeholders eminent persons from civil society with expertise in the matter can also be included for the selection of judges as per njac. Later in the landmark second judges case, the supreme court introduced controversial collegium system. The people of india trust the prime minister with the. Transparency in collegium system steel frame of india. Collegium article about collegium by the free dictionary. The collegium system of appointment, professed to keep the judiciary absolutely independent from the executive was flawed in many ways. The njac bill and the constitutional amendment bill. Page 3 of 7 inflatable means an amusement device that incorporates a structural and mechanical system and n.
But the supreme court declared the amendment act as unconstitutional with a majority 41 judgment. The constitution ninetyninth amendment act, 2014 sought to replace the collegium system with the national judicial appointments commission njac. Njac was completely supported by rajya sabha and lok sabha. Collegium system and njac for appointment of judges upsc. Surprised by the verdict of the supreme court on njac. On whether these views of the consulteejudges are binding on the collegium or not, the judgments are silent. Since then, a collegium, consisting of the chief justice of india and 4 other senior most sc judges, made recommendations for persons to be appointed as sc and hc judges, to the president. Collegium system in the indian judiciary needs to be reformed for. Act, 2005 would be applicable to the njac, could be revealed after the njac act comes into full effect and the regulations and rules thereunder are formulated.
It highlights issues regarding the appointment of judges and the need to. With national judicial appointments commission or njac came yet another system full of doubts, debates and petitions against it. Goel had reserved its judgement on july 15 on the issue of validity of the 99th constitutional amendment. Health care provider or provider means an individual or entity, including for the purposes of this chapter, a group practice or faculty practice, which provides a covered benefit or. Njac a mix of executive and judiciary njac is a blend of executive and judiciary rather than a system whereby only judges appointed judges in the collegium system 3. As per a former hc judge, it seems like a cock fight on a nonissue.
This has been now referred to as fourth judge case. The njac bill and the constitutional amendment bill, was ratified by 16 of the state. Two sc judges in the collegium want to revisit collegium. Collegium system,judicial appointments,gs prelims, gs. This video clarifies the procedure of appointment of high court and supreme court judges please support us the publish such videos by subscribe our channel. The new mop was introduced after njac was struck down by sc to balance the procedure of appointment. Finally on 31st december, 2014 the njac act and the 121st constitutional amendment bill received the presidential assent. Why effective shortlisting will be the key india r jagannathan aug 18, 2014 11. If the collegium was not revived, then there were chances that president may become a tyrant by assuming absolute powers to appoint judges on his own this is how the supreme courts constitution bench explained its decision to restore the collegium previously, solicitorgeneral had argued against the revival of the collegium in case the bench decided to strike down the njac. Collegium is a body of senior apex court judges responsible for appointment and transfer of judges of the sup. Njac in response to criticisms of the existing collegium system, in which.