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+ 99TH AMENDMENT ACT - National Judicial Appointment Commission
In SP Gupta versus union of India 1982 justice Bhagwati in his minority
judgement has suggested the establishment of judicial commission for
recommending the names of a person for the appointment of the judges of
the High Court and supreme Court. The need for NJV in India in place of
collegium system arises due to lack of transparency and accountability.
Therefore and NJAC bill was introduced in rajya sabha in August 2013 and
was passed by majority by both houses in 2014. Thus , constitution 99th
amendment act 2014 formed a national judicial appointment commission
This amendment inserted article 124 a 124 b and 124 c.
Article 124A - Composition of NJAC -
(a) Chief justice of India - Chairperson
(b) Two senior most judges of supreme court.
(c) Union minister incharge of law and justice justice.
(d) Two eminent person to be nominated by A committee comprising of
prime minister, chief justice of India, and leader of opposition in lok sabha.
Article 124B - Function of NJAC -
(a) To recommend person for appointment of the judge of the supreme
court and high courts.
(b) To recommend transfer of High Court judges from one high court to
another.
(c) To to ensure the ability and integrity of the person recommended.
Article 124C - It is state that the procedure for appointment to be
regulated by the parliament by law. S.C. ADVOCATES ON RECORD ASSOCIATION VERSUS UNION OF INDIA
2015 - In this case the five judge branch of supreme court by its order
declared constitution 99th amendment act 2013 null and void. The court
also upheld the collegium system to be operative for appointment of
supreme Court and High Court judges and transfer of High Court judges.
All the five judges give their separate judgement 4 judges held the
amendment unconstitutional sitting it has having affected the
independence of judiciary. Justice J.S. Khehar , stated that " organic
development of civil society has not as yet sufficiently evolved ". The court
also held that section 5(1) which states that the senior most judges of the
supreme court shall be appointed as the chief justice of India subject to the
condition of being considered fit to hold the office and Section 6(6) - which
gives Vito power to any two members of the committe breaches the basic
structure of the constitution with reference to independent of judiciary and
separation of power . Ergo, the act must be declared void.
Now the judges of the supreme court are appointed by the collegium
system. For the appointment of supreme Court judges under Article 124 (2)
, the president shall appoint the judges on the recommendation of chief
justice of India along with four senior most judges of the supreme court.
For the appointment of High Court judges under Article 217(1) , the
president shall appoint the judges on the recommendation of chief justice
of India along with two senior most judges of the supreme court.
