Part V - The Union • Article

Article 124A Simplified: National Judicial Appointments Commission

Article 124A introduced the National Judicial Appointments Commission (NJAC) to replace the 'Collegium' system for appointing judges. However, in 2015, the Supreme Court declared this commission unconstitutional to preserve judicial independence.

Official Text

(1) There shall be a Commission to be known as the National Judicial Appointments Commission consisting of the following, namely:— (a) the Chief Justice of India, Chairperson, ex officio; (b) two other senior Judges of the Supreme Court next to the Chief Justice of India––Members, ex officio; (c) the Union Minister in charge of Law and Justice––Member, ex officio; (d) two eminent persons to be nominated by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the House of the People or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in the House of the People––Members: Provided that one of the eminent person shall be nominated from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or Women: Provided further that an eminent person shall be nominated for a period of three years and shall not be eligible for renomination. (2) No act or proceedings of the National Judicial Appointments Commission shall be questioned or be invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the Commission.

Simple Meaning

Explain Like Ten

Imagine if the government got to choose all the referees for a sports match. The referees might favor the government! To stop this, the Supreme Court struck down the NJAC rule in 2015, keeping judge selection independent from political leaders.

Student Mode

Article 124A was inserted by the 99th Constitutional Amendment Act, 2014 to establish the National Judicial Appointments Commission (NJAC) to replace the Collegium system. The commission was to consist of: the CJI (Chairperson), two senior SC judges, the Union Law Minister, and two eminent persons. In the historic Supreme Court Advocates-on-Record Association v. Union of India (2015), the SC struck down the 99th Amendment and the NJAC as unconstitutional, citing a violation of the Independence of the Judiciary, which is part of the Basic Structure.

Example

The 99th Amendment established the NJAC under Article 124A, but the Supreme Court struck it down in the Fourth Judges Case (2015) because having the Law Minister on the panel could allow political interference in appointing judges.

Key Takeaway

Article 124A created the NJAC to appoint judges, but it was declared unconstitutional to keep the judiciary independent.

FAQs

What was the composition of the proposed NJAC under Article 124A?

The NJAC was to have 6 members: (1) Chief Justice of India (Chairperson); (2) Two senior-most Supreme Court Judges; (3) Union Minister of Law and Justice; (4) Two eminent persons nominated by a committee of the PM, CJI, and Leader of Opposition.

Why did the Supreme Court strike down the NJAC in 2015?

The SC ruled that the inclusion of the Union Law Minister and two eminent persons could allow the executive to interfere in the selection of judges, thereby violating the 'Independence of the Judiciary,' which is a core part of the Basic Structure of the Constitution.

What system is currently used to appoint judges since NJAC was struck down?

The Collegium system was restored. Under this system, a forum of the CJI and the senior-most judges of the Supreme Court recommends appointments of judges to the President.

Quiz

Which constitutional amendment introduced the National Judicial Appointments Commission (NJAC)?

Answer: 99th Amendment

The Supreme Court struck down the NJAC in 2015 because it violated:

Answer: Independence of the Judiciary