Why did the Supreme Court declared NJAC unconstitutional?
Declaring that the judiciary cannot risk being caught in a “web of indebtedness” towards the government, 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 final say in the appointment of judges …
In which case Supreme Court declared NJAC is unconstitutional?
On 16 October 2015, the Constitution Bench of Supreme Court by a 4:1 majority upheld the collegium system and struck down the NJAC as unconstitutional after hearing the petitions filed by several persons and bodies with Supreme Court Advocates on Record Association (SCAoRA) being the first and lead petitioner.
Why was the NJAC Act struck down?
The NJAC, brought in through a constitutional amendment, was struck down precisely because it was an ugly compromise strengthening the government and political elements. Little would be left of India’s Constitution if its judicial custodians are selected politically.
What case is struck down by NJAC?
The 2015 Supreme Court judgment striking down the National Judicial Appointments Commission (NJAC) — a body conceived by the Narendra Modi government for appointing judges to the Supreme Court and high courts — is flawed and goes against the will of the people and the Constitutional mandate, senior counsel and former …
Why NJAC Act was struck down?
What is 97th amendment?
The 97th amendment to the Constitution inserts a critical point into Article 19(1)(c) by recognising people’s right to form cooperative societies as a fundamental right. It envisions their protection from political interference, as well as the infusion of greater managerial skills and autonomy into their operations.
Is NJAC repealed?
NJAC overturned in judicial overreach: Supreme Court’s decision to revive system of judges appointing judges pits judiciary against executive.
Why has the Supreme Court struck down part of the 97th Constitution Amendment and will it impact federal principles?
The Supreme Court judgment was based on the reasoning that the concerned subject matter of co-operative fell in the state list and hence it belongs wholly and exclusively to the State legislatures to legislate upon and any change would require the ratification by at least one-half of the state legislatures as per …
What is the 100th Amendment?
The 100th Amendment Act of 2015 gave effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh (through the exchange of enclaves and retention of adverse possessions) in pursuance of the Land Boundary Agreement of 1974 and its protocol of 2011.