The Constitution (99th Amendment) Act is related to:a)Empowering the C...
The Constitution (Ninety Ninth Amendment) Act, 2014 provides for the composition and the functions of the proposed National Judicial Appointments Commission(NJAC).The Act provides 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 in the House of the People, or if there is no Leader of the Opposition, then the Leader of the single largest Opposition Party in the House of the People. With a view to ensuring that the composition of the National Judicial Appointments Commission is 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. Present status of NJAC: The Supreme Court of India in its judgment in the case Supreme Court Advocates-onRecord Association Vs Union of India (2015) declared the NJAC as unconstitutional and repealed the 99th Constitution Amendment Act which proposed to bring a change in the method of appointment of Judges of the High Courts and the Supreme Court.
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The Constitution (99th Amendment) Act is related to:a)Empowering the C...
Constitution (99th Amendment) Act - Overview
The Constitution (99th Amendment) Act empowers the Centre to set up the National Judicial Appointments Commission (NJAC) to appoint judges to the higher judiciary. The act was passed in 2014 and received the President's assent in December 2014.
Background
The NJAC replaced the 22-year-old collegium system of appointing judges, under which judges were appointed by a committee of the Chief Justice of India and four senior-most judges of the Supreme Court. The collegium system had been criticized for being opaque and lacking transparency.
The NJAC aimed to provide a more transparent and accountable system of judicial appointments. The commission was to consist of six members - the Chief Justice of India, two senior-most judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent persons nominated by a committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha, and the Chief Justice of India.
However, the NJAC was struck down by the Supreme Court in October 2015, which held that the NJAC violated the basic structure of the Constitution and restored the collegium system. The Constitution (99th Amendment) Act continues to be in force, but the provisions relating to the NJAC have been rendered ineffective.
Conclusion
The Constitution (99th Amendment) Act was a significant attempt to reform the system of judicial appointments in India. While the NJAC was ultimately struck down by the Supreme Court, the debate around judicial appointments and the need for greater transparency and accountability in the process continues to be an important issue in Indian politics and society.