National Judicial Appointment Commission (NJAC)

GS II-Polity

Introduction

The 99th Constitutional Amendment Act, 2014 introduced the National Judicial Appointments Commission (NJAC), replacing the collegium system for appointing judges to the Supreme Court and High Courts. The NJAC Act, 2014 was passed by Parliament to establish a transparent and broad-based selection process for judicial appointments.

Provisions of the NJAC Act, 2014

The Act inserted Articles 124A, 124B, and 124C into the Constitution of India (COI), 1950, outlining the composition, functions, and powers of the NJAC.

Article 124A: Composition of NJAC

This article defines the composition of the NJAC, which consists of:

1. Chief Justice of India (CJI) – Ex officio Chairperson.
2. Two senior-most Supreme Court Judges – Ex officio Members.
3. Union Minister of Law & Justice – Ex officio Member.
4. Two eminent persons – Nominated by a committee comprising:
   • Prime Minister
   • Chief Justice of India
   • Leader of Opposition in Lok Sabha (or leader of the largest opposition party in Lok Sabha if there is no Leader of Opposition).

Provisions for Eminent Persons:

• One of the eminent persons must belong to Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), Minorities, or Women.
• The tenure for an eminent person is three years, with no possibility of reappointment.

Additionally, vacancies or defects in the NJAC’s composition do not affect its proceedings or decisions.

Article 124B: Functions of NJAC

The NJAC was responsible for:

1. Recommending appointments of:
   • Chief Justice of India
   • Supreme Court Judges
   • Chief Justices of High Courts
   • High Court Judges
2. Recommending the transfer of Chief Justices and Judges of High Courts.
3. Ensuring that individuals recommended for judicial appointments possess ability and integrity.

Article 124C: Power of Parliament

This article empowers Parliament to:

• Regulate the procedure for appointing judges.
• Authorize the NJAC to frame regulations regarding selection and appointment procedures.

Constitutionality of NJAC

Supreme Court Verdict (2015)

In the case of Supreme Court Advocates-on-Record Association & Anr. v. Union of India, the Supreme Court declared the 99th Constitutional Amendment Act and NJAC Act, 2014 unconstitutional and null and void.

Key Grounds for Declaring NJAC Unconstitutional:

1. Violation of Judicial Independence – The Amendment took away the primacy of the Chief Justice of India and two senior-most judges by allowing three non-judge members to veto or suspend their recommendations.
2. Basic Structure Doctrine – The independence of the judiciary in judicial appointments was deemed an essential part of the Basic Structure of the Constitution. NJAC was found to undermine this principle.
3. Ultra Vires to the Constitution – The NJAC Act was considered inconsistent with the Constitution, rendering it void.

Impact of the Verdict:

• The collegium system (where judges appoint judges) was reinstated as the primary mechanism for judicial appointments in India.