Judges appointment panel notified, SC hearing on NJAC from April 15

Notification signals end of collegiums but new system yet to be put in place

GN Bureau | April 14, 2015


#NJAC   #judicial   #judges   #Supreme Court   #High Court  

The union government has notified the National Judicial Appointments Commission Act, 2014 and the Constitution (Ninety-ninth Amendment) Act, 2014 to end the collegium system in the appointment of judges in higher judiciary.

The notification came days before the Supreme Court is to begin hearing the constitutional validity of the law and the amendment—the NJAC Act and the related constitutional amendment—on April 15.

The collegium system (not mentioned in the constitution of India) allowed a small group of judges to appoint judges to higher courts for over two decades. Under the collegium system, neither the legislature nor the executive had any role in the appointment of judges to high courts and the supreme court.

Instead, the matter was decided by small groups—or collegiums—of judges, a system that finds no mention in the Constitution. The government’s decision on Monday has now brought the two laws into force. The collegium system has technically come to an end. But, at the same time, the new body may take some time to come into being.

Two bills titled were passed unanimously by the Lok Sabha on 13.08.2014 and Rajya Sabha on 14.08.2014 respectively. These bills were ratified by the required number of State legislatures before getting the President’s assent. The Constitution (One Hundred and Twenty First Amendment) Bill, 2014 enacted as the Constitution (Ninety Ninth Amendment) Act and the National Judicial Appointments Commission Act, 2014 were published in Gazette of India on 31st December 2014.

Both the Acts come into force on such date as the central government would notify them in the Official Gazette April 13, 2015).

The Constitution (Ninety Ninth Amendment) Act, 2014 provides for the composition and the functions of the proposed NJAC. The Acts provide for a transparent and broad-based process of selection of Judges of the Supreme Court and High Courts by the National Judicial Appointments Commission (NJAC). The NJAC would be chaired by the Chief Justice of India as in the earlier collegium system.

The NJAC membership would include two senior most Judges of the Supreme Court, the Union Minister of Law and Justice, two eminent persons to be nominated by a committee of the prime minister of India, the chief justice of India, and the leader of the opposition. With a view to ensuring that the composition of the NJAC inclusive, the Act provides that one of the eminent persons shall be nominated from amongst persons belonging to the Scheduled Caste, the Scheduled Tribes, Other Backward Classes, Minorities or Women. The NJAC will frame its own regulations.

A three-judge bench of the apex court on April 7 referred several petitions challenging the constitutionality of the government move to a five-judge bench. It said that the petitions had raised “substantial questions of law as to the interpretation of the Constitution” that needed to be heard by a constitution bench of five judges. But it refrained from ordering a stay on the law.

Comments

 

Other News

“World headed towards stagflation; India must take care of the poor”

As the post-pandemic fallout and geopolitical uncertainty slows down global economies and sanctions against some nations, energy crisis and inflation are adding to the troubles, India is projected to be decoupled from world economy and fare better. To check if this belief really holds water, in the latest

The changing nature of CSR in India

With the advent of globalization came a new set of challenges for corporations, notably the duty of ensuring the well-being of all stakeholders while also protecting the planet`s natural environment. Although we are dedicated to a faster and more inclusive rate of growth, it is equally imperative that we f

BMC commissioner Chahal conferred with hon. doctorate

BMC commissioner and administrator Iqbal Singh Chahal has been conferred with a Honorary Doctor of Science Degree (honoris causa) by Guru Nanak Dev University in Amritsar, Punjab. Chahal was conferred the degree during the 48th convocation of the University in Amritsar at the hands of Punjab

Sebi to have two-track approach on ESG

Securities and Exchange Board of India (Sebi) aims to use a two-track approach on environmental social and corporate governance (ESG). Addressing a conference on ‘ESG for Atmanirbhar Bharat` in Mumbai, Sebi chairperson Madhabi Puri Buch said that that there should not be a single carbo

Accuracy more important than speed in news: Anurag Thakur

Presenting authentic information is the prime responsibility of media and that facts should be properly checked before they are put in the public domain, union minister of information and broadcasting Anurag Thakur has said. “While speed with which the information is transmitted is imp

FM concludes pre-budget consultations

Union minister for finance and corporate affairs Nirmala Sitharaman has concluded the pre-budget consultation meetings for Budget 2023-24 that were held from November 21 to 28 in the virtual mode. More than 110 invitees representing seven stakeholder groups participated in eight meetings sch

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter