The commission holds a public hearing to consider the candidates qualifications, and the nomination or appointment is effective if and when confirmed by the commission. The national judicial appointments commission act, 2014 act no. Along with the constitution amendment act, the national judicial appointments commission act, 2014, was also passed by the lok sabha and the rajya sabha to regulate the functions of the national judicial appointments commission. Njac, as a body to appoint supreme court and high court judges will make the appointment more transparent.
It closed on 31 march 2006 with the establishment of the judicial appointments commission and the judicial. In the year 2017 some of the senior most judges of the supreme court itself moved against the system, naming it to be corrupts and no transparency. The jac is committed to attracting applicants from as wide a field as. The njac replaced the collegium system for the appointment of judges.
Njac will replace the collegium system for the appointment of judges as mandated in the existing preamended constitution by a new system. A glance through national judicial appointments commission. The jac is an independent commission that selects candidates for judicial office in courts and tribunals in england and wales, and for some tribunals whose jurisdiction extends to scotland or. National judicial pay commission for judicial officers. The commission has long believed that this work should be underpinned by programmes of support to those who aspire to become a judge. On 16 october 2015, in a 41 majority verdict, the supreme court held that both the constitution ninetyninth amendment act, 2014, and the national judicial appointments commission njac act, 2014, were unconstitutional as it would undermine the independence of the judiciary.
Pros and cons the national judicial appointments commission bill, 2014 and the 121st constitutional amendment bill was passed by the rajya sabha on. The judicial appointment mechanism provided for in these acts has become a subject of controversy raising fresh concerns about judicial independence and accountability. Making the world a more just place by educating and inspiring its judiciary. Need of strict guidelines for appointment of judges. Pdf slides of all the environment videos, 700 slides for free video lectures and study materials on. Sc bench strikes down njac act as unconstitutional and.
The national judicial appointments commission njac has been established by the 121st constitutional amendment bill, 2014. This new constitutional body seeks not only to give decent burial to the. Article national judicial appointments commission ias. Parliament has already passed the national judicial appointment commission njac bill and so has the 121st constitutional amendment act, which will replace the hitherto collegium system. Candidates are selected on merit, through fair and open competition.
Historyit all started with the quest to have executi. The supreme court rejected the national judicial appointments commission njac act and the 99th constitutional amendment which sought to give politicians and civil society a. Njac is a proposed body responsible for appointment and transfer of judges to the higher judiciary in india. Supreme court collegium system and national judicial. S gill, former dgp the national judicial appointments commission is a constitutional body established to ensure. The national judicial appointments commission bill, 2014 a bill to regulate the procedure to be followed by the national judicial appointments commission for recommending persons for appointment as the chief justice of india and other judges of the supreme court and chief justices and other judges of high. Critically examine the supreme courts judgement on national judicial appointments commission act, 2014 with reference to appointment of judges of higher judiciary in india. National judicial appointment commission act, 2014. Pdf national judicial appointments commission balraj k. National judicial appointments commission latest breaking news, pictures, videos, and special reports from the economic times. The government, however, passed two bills national judicial appointments commission njac bill and a constitution amendment bill with provisions article 124a, 124b, 124c, in lok sabha to give it a constitutional status.
The presidential assent to the constitution 121st amendment bill, 2014 has finally set the ball rolling for advent of the national judicial appointments commission njac. The 1993 judgment was the basis on which a fivejudge constitution bench declared the national judicial appointments commission act njac and the constitutional ninetynine amendment act, 2014 unconstitutional in october 2015. An act to regulate the procedure to be followed by the national judicial appointments commission for recommending persons for appointment as the chief justice of india and other judges of the supreme court and chief justices and other judges of high courts and for their transfers and for matters connected therewith or incidental thereto. Amongst other functions, it is responsible for the appointment, promotion and discipline of judicial officers. However, supreme court agreed that the present collegium system needs reforms and asked for suggestions from the government as well as eminent jurists. Jac bill sought to replace the collegium system of appointing the judges of supreme court and 24 high courts with judicial appointments commission wherein the executive will have a say in appointing the judges. The union cabinet chaired by the prime minister shri narendra modi has approved appointment of second national judicial pay commission snjpc for subordinate judiciary in the. The collegium system has been much criticized for the lack of transparency and its secretive nature. Responsible for the appointment and transfer of judges to the higher judiciary in india njac bill and constitutional amendment bill ratified by 16 of the state legislatures. National judicial appointments commission njac act. The national judicial appointments commission act, 2014.
The national judicial appointments commission bill, 2014. It concludes that the appointment of judges by using an independent commission may be considered an acceptable and effective mechanism for judicial appointments. Need for national judicial commission legal service india. The commission was established by amending the constitution of india through the ninetyninth constitution amendment with the constitution. Enormous responsibility, therefore, rests on the higher judiciary for judicial appointment, which under the present dispensation, almost exclusively with the judiciary. Legal a critique alert tact, 2014 hereinafter called the. All you need to know the supreme court on friday struck down the national judicial appointments commission njac that was aimed at replacing the two. List any memberships in any national or local bar associations.
The national judicial appointments commission act, 2014 njac act has been notified in the official gazette on the th of april, 2014. India is the only country where judges select themselves, determine their own transfers and also discipline themselves k. National judicial appointments commission established through 99th constitution amendment. The supreme court on 16th october, 2015 unanimously declared the national judicial appointments commission as unconstitutional and ordered the revival of the supreme court scripted two decade old judges selecting judges collegium system. Njac is a body responsible for the appointment and transfer of judges to the higher judiciary in india. National judicial appointments commission wikipedia. The union cabinet approved appointment of second national judicial pay commission snjpc for subordinate judiciary in country. National judicial appointments commission njac act, 2014 njac bill were passed by parliament in august 2014. However, in late 2014, the modi government, in a direct challenge to judicial power and primacy, enacted the national judicial appointments act and the constitutional 99th amendment act pdf, establishing a new national judicial appointments commission njac.
The national judicial council is one of the federal executive bodies created by the 1999 constitution of the federal republic of nigeria. National judicial pay commission for judicial officers cabinet approves appointment of second national judicial pay commission for subordinate judiciary in the country. The national judicial appointments commission bill, 2014 was introduced in the lok sabha on august 11, 2014 by the minister of law and justice, mr. Supreme court in a judgement in 2016 declared the njac national judicial appointment commission as. Declaring that the judiciary cannot risk being caught in a web of indebtedness towards the government, the supreme court on friday rejected the national judicial appointments commission. Supreme court declares national judicial appointments. The national judicial appointments commission njac was established by the union government of india by amending the constitution of india through the 99 th constitutional amendment act, 2014. There is an increasing focus on the issues of accountability of all organs of the states.
Though the government strike off the amendment the black hole over the system prevails. What is the national judicial appointment commission njac. National judicial appointments commission bill collegium. The judicial appointments commission jac is an independent statutory body that selects candidates for judicial office in courts and tribunals in england and wales, and for some tribunals with ukwide jurisdiction. Pdf national judicial appointment commission and its. Supreme court declares national judicial appointments commission njac act unconstitutional centre had defended the new law, saying that the twodecadeold collegium system where judges appointed judges was not free from defects. National judicial appointments commission njac was a proposed body which would have been responsible for the appointment and transfer of judges to the higher judiciary in india. As such, the bills are retrograde as are not intended to ensure judicial. National judicial appointments commission act, 2014. The judicial appointments commission jac is an independent body that selects candidates for judicial office in courts and tribunals in england and wales, and for some tribunals with ukwide jurisdiction. Misinterpretation of article 124 and 217 of indian constitution in second and third judges case. Its very early to stereotype njac into the good, bad or the ugly it may be the case that sc strikes down the law on basis of unconstitutionality violating doctrine of separation of power.
Three years after the supreme court retained the collegium system and struck down the national judicial appointments commission njac for. The national judicial appointments commission bills introduced by indian parliament are intended to reassert executive supremacy over the judiciary as existed in prior to 1993. The bill has been introduced in conjunction with the constitutional 121st amendment bill, 2014, which establishes the national judicial appointments commission njac. Judicial nominating commission application for appointment. National judicial appointments commission njac act, 2014. The national judicial college is the nations leading provider of judicial education.
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