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

US action on Hizb chief dampens Kashmiri separatists’ spirits

The USA declaring Hizbul Mujahideen chief Syed Salahuddin as a specially designated global terrorist may not take the sting out of terrorists’ plans in Kashmir immediately but it has given a huge setback to Kashmiri separatists who had always hoped for American intervention in the Indo-Pak standoff o

Music is universal. It has no language: Vani Jairam

Vani Jairam’s childhood dream of becoming a playback singer was realised when veteran film music composer Vasant Desai gave her the opportunity to sing Bole Re Papi Hara and two other songs in the movie Guddi. After that, the multilingual singer went on to sing for eminent music per

Should there be death penalty for those involved in lynching?

Should there be death penalty for those involved in lynching?

Battle over cattle, Delhi govt schools lead the way and, why we must return to Gandhi & Tagore

On May 23 this year, the ministry of environment issued ‘Rules on prevention of cruelty to animals (regulation of livestock market)’ with the purported aim of regulating animal markets. When one reads the rules – notwithstanding the lame efforts from union ministers to issue clarificati

BEML unveils 9 MW capacity windmill park

  BEML, a mini ratna category-1 enterprise of the defence ministry, has set a target of using 100 percent renewable energy for its own consumption.   In this connection, BEML’s 9 MW Windmill Park installed at Bagalkot District in Karnataka was recently

BHEL registers increase in intellectual capital

  Bharat Heavy Electricals Limited (BHEL), a Maharatna enterprise, has recorded nearly 14 percent growth in its intellectual capital in 2016-17 fiscal. During the year, a record 508 patents and copyrights were filed by the company, translating into filing of nearly two patents/copyrights



Video

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter