NJAC termed “unconstitutional” by SC, collegium system to continue

The Supreme Court on Friday, termed the NDA government’s National Judicual Appointments Commission (NJAC) unconstitutional, while saying that the collegium system, by which senior judges appoint judges, will continue.

With this judgement, the apex court smacked the 99^th constitutional amendment brought by the NDA government.

The judges are appointed on the basis on the collegiums system, by which senior judges appoint judges, which is also commonly referred to as judges-selecting judges. The new provision consisted of including two eminent persons to the commission, which included the Chief Justice of India, two senior most judges of the Supreme Court and the Union Law Minister. The two senior most judges were to be nominated by a committee of the Chief Justice of India, the Prime Minister and the leader of opposition in the Lok Sabha.

The Law Minister expressed his astonishment on the verdict delivered on Friday. Speaking to Times Now, Law Minister VS Gowda said, “I’m really surprised by this verdict.”

In a landmark judgment, the Supreme Court on Friday declared the National Judicial Appointments Commission, set up by the NDA government, unconstitutional. The collegium system, where senior judges appoint judges, will continue, the court said.

“I’m really surprised by this verdict, Union Law Minister VS Gowda, told Times Now.

The 99^th amendment and the NJAC act were termed unconstitutional with a 4:1 majority, by a five-judge constitution bench headed by Justice J S Khekar, as it interfered with the independence of the judiciary.

(with inputs from The Times of India)

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