Collective order of SC strikes down judges’ appointment commission

Supreme court to begin soul-searching and seeks centre’s suggestions

GN Bureau | October 16, 2015


#appointment commission   #judges   #national judicial appointments commission   #NJAC   #justice   #J S Khehar   #J Chelameswar M B Lokur   #Kurian Joseph   #A K Goel  


The verdict has been termed as a collective order of the highest court of the land and it brings judiciary in direct conflict with the legislature, which claims to represent the will of the people of India. In a ‘collective order’ today, the supreme court struck down on the national judicial appointments commission (NJAC) law meant to replace the two-decade old collegium system of judges appointing judges in higher judiciary.

The court held that the collegium system as it existed before the NJAC 'operative' even though during the course of arguments in the case, attorney general Mukul Rohtagi had declared that the collegiums ‘was dead’.

Read more: Revamping justice: My Lord, heavens have fallen!

A Bench of five judges of the SC held the 99th Constitutional Amendment Act and the NJAC Act 2014 "unconstitutional and void".  The verdict quashing the NJAC Act was delivered by a five-judge constitution bench comprising justices J S Khehar, J Chelameswar M B Lokur, Kurian Joseph and A K Goel which also rejected the plea of Central government to refer for review to larger bench the 1993 and 1998 verdict of the apex court on the appointment of judges to the higher judiciary.

While four judges held as unconstitutional the 99th amendment of the Constitution, justice J Chelameswar differed with them and gave his own reasons for upholding its validity. Justice Chelameswar said he has "upheld" the constitutionality of the 99th Constitutional Amendment Act but recused himself from passing any judgment on the NJAC statute as the majority of four had already held it unconstitutional.

Read more: Bridging trust deficit in judicial appointments

Justice Khehar, who pronounced the judgment for the bench, said that the system of appointment of judges to the Supreme Court and the Chief Justice and judges of the high courts and transfer of judges from one high court to another has been existing in the Constitution prior to the 99th amendment.

"Help us decide for a better system of judicial appointments," justice Khehar told the Centre and the petitioners. The Bench said that the judgment was the "collective view of the court".

The bench listed the petitions on November 3 to invite suggestions to improve the working of the existing collegium system.  Justice Khehar said each one of us have recorded their reasons and order has been jointly signed.

The Bench struck down on the government's arguments that the question of validity of the NJAC and the 99th Constitutional Amendment should be referred to a larger Bench in light of the two 'Judges Cases' of 1993 and 1998.

The NJAC Act was meant to replace the two-decade old collegium system of judges appointing judges in higher judiciary. The SC rejected the plea of Centre that the petition challenging NJAC Act be referred to a larger Bench.

The NJAC was a body created to end the two-decade-old collegium system of judges appointing judges to the highest courts in the land.

The parliament had unanimously voted in favour of the NJAC law and the Constitutional Amendment. The latter was then ratified by 20 State Assemblies and had received the Presidential assent.

Noted jurists like Fali Nariman, Anil Divan and Ram Jethmalani were among prominent senior advocates who had argued against the NJAC replacing the collegium system.

Comments

 

Other News

Uday Kotak on history, Indian economy, growth and more

Pathbreakers: How 10 Visionary Leaders Transformed India by award-winning journalists  By Sucheta Dalal and Debashis Basu Rupa Publications, 304 pages, Rs 695  

₹5,000 crore saved from suspected financial fraud

In a significant gain for citizen protection in the digital economy, the Department of Telecommunications (DoT) has helped prevent suspected cyber fraud losses of more than ₹5,000 crore through its Financial Fraud Risk Indicator (FRI) within fifteen months of its launch on May 22, 2025. This money did

Capital acquisition proposals worth Rs 1.10 lakh crore for defence forces cleared

The Defence Acquisition Council (DAC), under the chairmanship of Raksha Mantri Rajnath Singh, on Monday accorded Acceptance of Necessity (AoN), that is, in-principle administrative approval to various acquisition proposals of the defence forces at an estimated cost of about Rs 1,10,000 crore.

How Rafi, Raj Kapoor helped pave the way for a great uranium deal

There`s a certain moment in diplomacy that`s too personal to be captured in a communiqué, too small to make the front page, but more revealing than the front page. This week, prime minister Narendra Modi reached Tashkent and, amid the pomp of state visits, managed to evoke the old Bollywood tunes

Distinguishing Fish 1 and Fish 2: The pragmatism behind India’s WTO ratification

 India became the 123rd WTO member to ratify the multilateral Agreement on Fisheries subsidies (AoFS) when it deposited the Instrument of Acceptance for Phase 1 on July 20, 2026. The ratification is restricted to disciplining Illegal, Unreported and Unregulated fishing (IUU), protection for overfished

The 7% growth problem: Why the next 7% will be harder

India has become accustomed to hearing the 7% growth number. It is now less a milestone than an expectation. Yet the paradox is becoming clearer: maintaining 7% growth may be considerably harder than achieving it once. India’s real GDP grew 7.7% in FY2025–26, following growth of 6.5% in FY202

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter