National Judicial Appointments Commission (NJAC)

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National Judicial Appointments Commission (NJAC): Recently, the Vice President stated that judicial appointments would differ if the Supreme Court hadn't struck down the NJAC Act, in 2015.

  • About Collegium System: Evolved through First, Second, and Third Judges Cases.

o SC interpreted Articles 124(2) and 217(1) to give the judiciary primacy in judicial appointments.

o The SC collegium consists of the CJI and four senior-most judges.

o The HC collegium consists of the CJI and two senior-most judges of that court.

  • Enactment of NJAC: Constitution (99th Amendment) Act, 2014 and NJAC Act, 2014 replaced the collegium system, passed by Lok Sabha (367-0) and Rajya Sabha (179-1), ratified by 16 states, and received Presidential assent.
  • Composition of NJAC: CJI as ex officio chairperson → Two senior-most SC judges as ex officio members → Union Law Minister as an ex officio member → Two eminent persons from civil society nominated by a panel of PM, CJI, and Leader of Opposition → One eminent person to be from SC/ST/OBC/minorities or women.

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