NJAC is a body that was proposed by the government of India. It undertakes the task of recruitment, appointment, and transfer of judicial officers, legal officers, and legal employees working under the central government and state governments of India. It came into existence after amending the provisions in Article. 124 of the Indian Constitution through the 99th amendment act in 2014.
The 99th Constitutional Amendment, enacted in 2014, aimed to reform the existing collegium system of judicial appointments.
The 99th Amendment was a significant move towards overhauling the judicial appointments process, reflecting the government’s commitment to judicial reforms.
The NJAC Act outlined the composition and functions of the National Judicial Appointments Commission.
The NJAC was to consist of six members:
The NJAC was tasked with:
These provisions aimed to democratize the appointment process, involving both judicial and executive members.
In October 2015, the Supreme Court delivered a landmark verdict in the case of Supreme Court Advocates-on-Record Association v. Union of India, declaring the NJAC unconstitutional.
The verdict underscored the Court’s commitment to maintaining the independence of the judiciary as a core constitutional principle.
The NJAC faced significant opposition primarily due to concerns over the independence of the judiciary.
The debate over the NJAC highlighted the pros and cons of the collegium system and the proposed NJAC model.
System | Pros | Cons |
---|---|---|
Collegium System | Ensures judicial independence, as the judiciary itself controls appointments. | Criticized for lack of transparency, accountability, and inclusiveness, with decisions often perceived as opaque and arbitrary. |
NJAC Model | Proposed to bring transparency and accountability, with a more inclusive approach involving both the judiciary and the executive. | Potential risk of executive interference and undermining judicial independence. |
The debate over judicial appointments is far from settled, with ongoing discussions about possible reforms.
Need for Reform: There is a broad consensus that the collegium system needs improvements to enhance transparency and accountability without compromising judicial independence.
Proposed Changes: Various suggestions have been made, including:
The 99th Amendment and the NJAC Act represented a bold attempt to reform the judicial appointments process in India. Despite being struck down by the Supreme Court, the issues raised during the debate highlight the need for a transparent, accountable, and independent judiciary. For UPSC aspirants, understanding this critical episode in India’s constitutional history is essential for grasping the complexities of judicial reforms and the ongoing efforts to balance independence with accountability in the judicial appointments process.
NJAC Act UPSC Notes |
1. NJAC was to introduce changes in the sphere of judicial appointments consequent to the 99th Constitutional Amendment in 2014. 2. The aims behind the creation of NJAC were, among others, the bringing of more transparency and accountability in judges’ appointment, as against the existing collegium system that was non-transparent. 3. It consisted of the Chief Justice of India, two senior Supreme Court judges, one Law Minister, and two eminent persons. 4. In 2015, the Supreme Court held NJAC unconstitutional and thus restored the collegium system. 5.The presence of executive members in NJAC also raised apprehensions about undermining judicial independence. 6. NJAC aimed at being more transparent than the collegium system; however, it became prone to criticism on lines of possible interference by the executive. 7. Improvement in the Collegium System for more transparency without compromising on independence is debated continuously. |
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