SC strikes down National Judicial Appointments Commission

By
| Friday, October 16, 2015 - 12:39
First Published |
NJAC

New Delhi: In a jolt to the central government, the Supreme Court on Friday struck down the constitution's 99th amendment and the NJAC Act as unconstitutional and void, restoring the collegium system for appointment of judges to the higher judiciary.
 
In a "collective order", the constitution bench of Justice Jagdish Singh Khehar, Justice J. Chelameswar, Justice Madan B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel said that the constitution's 99th amendment and the NJAC Act are unconstitutional and void.
 
The constitution amendment and National Judicial Appointments Commission
(NJAC) Act were brought to replace the 1993 collegium system for the appointment of judges to the Supreme Court and the high courts.
 
The court said the system of "appointment of judges to the SC, chief justices and judges of the high courts and the transfer of chief justices and judges of the high courts that existed prior to the amendment begins to be operative".
 
The court sought suggestions from the bar for improved functioning of the collegium system. Hearing for the same will take place on November 3.

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Comments

Who has allowed Indian judges

Who has allowed Indian judges to take on the role of the elected executive and the legislature or to pretend as the sole protector of Bharatmata? Are they cooking this all up to suit their supremacy or are they just so dumb? Nowhere is it written in the constitution. Nowhere. The constitution has not given the judiciary any power to preach or police Indians on whatsoever matters, including matters of culture and science. The judiciary must mind their own business - clear the years of backlog cases put before them. The judiciary should intervene ONLY when any legislation is not in conformity with the constitution. This is 21st century and we Indians know very well how properly our four different pillars of democracy are working. And if there is a need to fix any pillar, the Indian parliament has the right and responsibility to do that. The judiciary is neither empowered nor qualified enough to usurp the role of the elected executive. Now we Indians also know that two pillars of our democracy - judiciary and media - are badly infected with corruption and anti-national values.

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