ValkyaEditorial

Tagged “njac”

1 article on njac.

Landmark JudgmentSupreme Court of India

SC Advocates-on-Record Association v. Union of India: how the NJAC was struck down and the collegium restored

On 16 October 2015, a five-judge Constitution Bench held by 4:1 that the Constitution (Ninety-ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 were unconstitutional — and restored the collegium system for the appointment of judges to the Supreme Court and the High Courts. The majority held that judicial primacy in the appointment process is part of the independence of the judiciary, which is part of the basic structure of the Constitution. Justice Chelameswar dissented entirely. A digest of the bench, the doctrinal architecture, and the Memorandum of Procedure question that remains.

Valkya Editorial··11 min