National Judicial Appointments Commission (NJAC)

National Judicial Appointments Commission (NJAC)

Context: 

  • The Chief Justice of India has orally stated that the Supreme Court will consider a plea seeking to revive the National Judicial Appointments Commission (NJAC) and end the existing Collegium system of judicial appointments. 

  • The plea argues that striking down the NJAC in 2015 was a great wrong that substituted the will of the people with the opinion of judges. 

  • About NJAC: 

  •  It was established through the Constitution (99th Amendment) Act, 2014 and the NJAC Act, 2014 to replace the Collegium system for appointing judges to the Supreme Court and High Courts. 

  • The amendment added Article 124A to the Constitution, providing for the commission's creation. 

  • The NJAC was proposed as a six-member body consisting of: 

  • Chief Justice of India (Chairperson) 

  • Two senior-most Supreme Court Judges 

  • Union Minister of Law and Justice 

  • Two eminent persons (nominated by a committee comprising the Prime Minister, the CJI, and the Leader of the Opposition or the leader of the single largest Opposition party in the Lok Sabha) 

  • Status: 

  • In 2015, a Supreme Court Constitution Bench declared the 99th Constitutional Amendment and the NJAC Act unconstitutional and void. 

  • The bench cited threats to judicial independence.  

  • This verdict revived the Collegium system.