Case Law Details

Case Name : Supreme Court Advocates-On-Record Association and Anr. Vs Union of India (Supreme Court of India)
Appeal Number : Writ Petition (Civil) No. 13 of 2015
Date of Judgement/Order : 16/10/2015
Related Assessment Year :
Courts : Supreme Court of India (987)

Advocate Anandaday Misshra

What was challenged?

Validity of NJAC Act amendment under the 99th Constitutional Amendment Act and the NJAC Act 2014

What was the Length Of Hearing in SC?

30 days

Who Favored?

The Supreme Court Bar Association favoured NJAC for appointment and transfer of judges. It advocated that it can probe cases of misconduct by judges, including those from the highest judiciary.

Who Stood Against?

Supreme Court Advocates on Record Association (SCAORA) and others contended that the new legislation would compromise the freedom of judiciary.

Who were there the judges in Constitutional Bench of SC ?

Justices J S Khehar, M B Lokur, Kurian Joseph , A K Goel & J Chelmeswar.

What is the Outcome of Constitutional Bench of SC ?

Supreme Court struck down NJAC as Unconstitutional .

a. The verdict was in majority as 4 : 1 .

b. Justices J S Khehar, M B Lokur, Kurian Joseph & A K Goel held it unconstitutional while Justice J Chelmeswar considered it valid . The bench was headed by Justice J S Khehar

c. It found 99th Constitutional Amendment Act and the NJAC Act 2014 as unconstitutional and void.

d. It restored the two-decade-old Collegium system of judges appointing judges in the higher judiciary ?

e. It felt to improve the existing Collegium system.

f. Constitutional Bench refused to refer the matter to a larger bench.

What was NJAC?

National Judicial Appointments Commission (NJAC) was proposed to be a constitutional body to replace the existing Collegium system of appointing judges.

It would have comprised 6 persons as below:

Chief Justice of India (CJI)

Two other senior judges of Sc and next to CJI

The Union Minister of Law and Justice

Two eminent persons who would have been nominated by a committee of CJI, Prime Minister of India and Leader of Opposition and/or Leader of single largest party.

What were the proposed Functions of NJAC?

NJAC is vested with veto power for not recommending a person for appointment if any two members disagree to it.

Senior Most Judge to be recommended as CJI

Recommend judges of SC, based on ability and merit.

Recommend the Chief Justice of High Courts. etc

What is Collegium?

In Collegium system, the Chief Justice of India and a forum of four senior-most judges of the SC recommends appointments and transfers of judges.

What is the Conclusion?

Judiciary is an independent body and will carry the highest faith of citizens of India.

(Advocate Anand Mishra, AMLEGALS– The author is a leading indirect tax advocate handling cases in CESTAT & High Courts of India. He can be contacted on anand@amlegals.com and for more please refer www.amlegals.com)

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I am a litigation & arbitration advocate. I am founder of a leading full service law firm AMLEGALS. I handle litigation in indirect taxes, Insolvency & Bankruptcy Code, IPR, Arbitration, Contracts etc in High Courts, Tribunals-NCLT,CESTAT,NCLAT etc, Arbitral Tribunals and various Court of View Full Profile

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