The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the

government of India The Government of India (ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, c ...

and in all

state governments of India State governments in India are the governments ruling over 28 states and 8 union territories of India and the head of the Council of Ministers in a state is the Chief Minister. Power is divided between the Union government and state government ...

. The commission was established by amending the

Constitution of India The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...

through the 99th constitution amendment with the Constitution (Ninety-Ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 passed by the

Lok Sabha The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past ...

on 13 August 2014 and by the

Rajya Sabha The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India. , it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using si ...

on 14 August 2014. The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the

Parliament of India The Parliament of India (International Alphabet of Sanskrit Transliteration, IAST: ) is the supreme legislative body of the Republic of India. It is a bicameralism, bicameral legislature composed of the president of India and two houses: the R ...

to regulate the functions of the National Judicial Appointments Commission. The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the

President of India The president of India ( IAST: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the commander-in-chief of the Indian Armed Forces. Droupadi Murmu ...

Pranab Mukherjee Dr. Pranab Mukherjee (11 December 193531 August 2020) was an Indian politician and statesman who served as the 13th president of India from 2012 until 2017. In a political career spanning five decades, Mukherjee was a senior leader in the India ...

on 31 December 2014. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015. On 16 October 2015, the Constitution Bench of

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

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. Justices J. S. Khehar,

Madan Lokur Justice Madan Bhimarao Lokur (born 31 December 1953) is an Indian jurist. He is a Judge of Supreme Court of Fiji. He is former Judge of Supreme Court of India. He is also former Chief Justice of Andhra Pradesh High Court and Gauhati High Cou ...

Kurian Joseph Kurian Joseph (born 30 November 1953) is a former Judge of the Supreme Court of India. Previously, he has served as Chief Justice of Himachal Pradesh High Court and Judge of Kerala High Court. Early life Kurian Joseph was born on 30 Novem ...

and

Adarsh Kumar Goel Adarsh Kumar Goel (born 7 July 1953) is an Indian Judge. Presently, he is Chairperson of National Green Tribunal. He is former Judge of Supreme Court of India. He is also former Chief Justice of the Orissa High Court and Gauhati High Court ...

had declared the 99th Amendment and NJAC Act unconstitutional while Justice

Jasti Chelameswar Jasti Chelameswar (born 23 June 1953) is the former Judge of Supreme Court of India. He retired on 22 June 2018 as the second most senior Supreme court judge. Earlier, he was the Chief Justice of Kerala High Court and Gauhati High Court. He ...

upheld it.

Constitution of NJAC

A new article, Article 124A, (which provides for the composition of the NJAC) has been inserted into the Constitution.

Composition

As per the amended provisions of the constitution, the Commission would have consisted of the following six persons: *

Chief Justice of India The chief justice of India (IAST: ) is the chief judge of the Supreme Court of India as well as the highest-ranking officer of the Indian Judiciary. The Constitution of India grants power to the president of India to appoint, in consultation w ...

(Chairperson, ''

ex officio An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...

'') * Two other of senior judges of the Supreme Court next to the Chief Justice of India - ''ex officio'' * The Union Minister of Law and Justice, ''ex-officio'' * Two eminent persons These (two) eminent persons would have been nominated by a committee consisting of the * Chief Justice of India, * Prime Minister of India, and * Leader of Opposition in the Lok Sabha (or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha), provided that of the two eminent persons, one person would be from the Scheduled Castes or Scheduled Tribes or OBC or minority communities or a woman. The eminent persons shall be nominated for a period of three years and shall not be eligible for re-nomination.

Promotional Hierarchy

All India Judicial Service

The All India Judicial Service Officers are group 'A' gazetted officers and shall be directly recruited at the rank of Judicial Magistrate 2nd Class cum Munsif Judge/Metropolitan Magistrate after clearing the All India Judicial Service Examination. The promotional hierarchy of All India Judicial Service officers shall be *Chief Justice of Supreme Court of India *Justice of Supreme Court of India/Chief Justice of State High Court/''Chairperson of any tribunal''/Any other designation to be included *Justice of State High Court/''Vice Chairperson of any Tribunal''/Any other designation to be included *Principal District & Session Judge /Principal Judge of Family Court/''Member of any Tribunal''/''Member of any Commission''/Any other designation to be included *Additional District and Session Judge/Additional Judicial Commissioner/Any other designation to be included *Chief Judicial Magistrate cum Sub-Judge/Chief Metropolitan Magistrate/Any other designation to be included *Judicial Magistrate 1st Class cum Munsif Judge/Metropolitan Magistrate/Any other designation to be included *Judicial Magistrate 2nd Class cum Munsif Judge/Metropolitan Magistrate/Any other designation to be included

All India Legal Service

The promotional hierarchy of All India Legal Service (Group 'A' gazetted officers) shall be *Attorney General of India *Solicitor General of India *Additional Solicitor General of India *Second Additional Solicitor General/Notary Public/Joint Law Officer/Senior Judge Advocate General to Indian Armed Forces *Senior Government Advocate/Notary Public/Additional Law Officer/Senior Government Advocate/Senior Judge Advocate General to Indian Armed Forces *Additional Government Advocate/Notary Public/Joint Legal Advisor to the Union Government/Law Secretary to Government of India/Senior Judge Advocate General to Indian Armed Forces *Deputy Government Advocate/Notary Public/Additional Legislative Counsel/Additional Legal Advisor to the Union Government/Legal Advisor to Governor of State/Law Secretary of India/Senior Judge Advocate General to Indian Armed Forces *Deputy Government Advocate/Deputy Law Officer/Deputy Legislative Counsel/Deputy Legal Advisor to the Union Government/Deputy Law Officer/Junior Judge Advocate General to Indian Armed Forces *Assistant Government Advocate/Assistant Law Officer/Assistant Legislative Counsel/Assistant Legal Advisor to the Union Government/Junior Judge Advocate General to Indian Armed Forces *Assistant Government Advocate/Junior Judge Advocate General to Indian Armed Forces *Superintendent (Legal) in Supreme Court of India, central government tribunals, central government ministries and central government departments. *Law Associate cum Research Assistant in Supreme Court of India and Central Government Tribunals/Para-legal to the Union Government

State Regional Legal Service

There shall be one state regional legal service cadre per state of India. The promotional hierarchy of State Regional Legal Service (Group 'A' gazetted officers) shall be *Advocate General of State/Any other designation to be included *Additional Advocate/Any other designation to be included General/Notary Public/Government Pleader/Any other designation to be included *Additional Advocate General/Notary Public/Assistant Government Pleader/Additional Law Officer/Any other designation to be included *Deputy Advocate General /Public Prosecutor/Notary Public/Joint Legal Advisor to the State Government/Law Secretary to Government of State *Government Advocate/Special Public Prosecutor/Notary Public/Additional Legislative Counsel/Law Secretary of State/Any other designation to be included *Government Advocate/Additional Public Prosecutor/Additional Legislative Counsel/Additional Legal Advisor to the State Government/Law Secretary of State/Any other designation to be included *Deputy Government Advocate/Additional Special Public Prosecutor/Deputy Law Officer/Deputy Legislative Counsel/Deputy Legal Advisor to the State Government/Deputy Law Officer/Any other designation to be included/Any other designation to be included *Deputy Government Advocate/Assistant Public Prosecutor/Assistant Law Officer/Assistant Legislative Counsel/Assistant Legal Advisor to the State Government/Any other designation to be included *Superintendent (Legal) at courts, state government tribunals and state government ministries and state government departments/Any other designation to be included *Law Associate cum Research Assistant in courts and state government tribunals/Para legal to the State Government/Any other designation to be included

Indian Legal Services

All of the "Indian Legal Services" (Group 'A' gazetted officers) shall be allotted to all the attached offices, specialised units, autonomous organisations/bodies, regulatory bodies, statutory bodies, statutory corporations, national apex bodies, public sector units, subsidiaries of public sector units, divisions of public sector units and all other government establishments under Government of India. The hierarchy of Indian Legal Services Officers in any of the central government establishments under the government of India shall be in the following manner. *Principal Chief Legal Advisor cum Attorney to any of the central government establishments *Chief Legal Advisor cum Attorney to any of the central government establishments *Deputy Legal Advisor cum Attorney to any of the central government establishments *Assistant Legal Advisor cum Attorney to any of the central government establishments *Legal Assistant to any of the central government establishments The list of "Indian legal services" cadres shall be as follows: *Indian Agriculture & Farmers Welfare Legal Service *Indian Animal Husbandry, Dairying And Fisheries Legal Service *Indian AYUSH Legal Service *Indian Chemicals and Fertilizers Legal Service *Indian Coal Legal Service *Indian Commerce and Industry Legal Service *Indian Communications Legal Service *Indian Consumer Affairs, Food and Public Distribution Legal Service *Indian Corporate Affairs Legal Service *Indian Culture Legal Service *Indian Defence Legal Service *Indian Development of North Eastern Region Legal Service *Indian Earth Sciences Legal Service *Indian Electronics and Information Technology Legal Service *Indian Environment, Forests and Climate Change Legal Service *Indian Finance Legal Service *Indian Food Processing Industries Legal Service *Indian Health and Family Welfare Legal Service *Indian Heavy Industries and Public Enterprises Legal Service *Indian Home Affairs Legal Service *Indian Housing and Urban Affairs Legal Service *Indian Information and Broadcasting Legal Service *Indian Jal Shakti Legal Service *Indian Labour and Employment Legal Service *Indian Micro, Small and Medium Enterprises Legal Service *Indian Mines Legal Service *Indian Minority Affairs Legal Service *Indian New and Renewable Energy Legal Service *Indian Petroleum and Natural Gas Legal Service *Indian Ports, Shipping and Waterways Legal Service *Indian Power Legal Service *Indian Rural Development Legal Service *Indian Road Transport and Highways Legal Service *Indian Railways Legal Service *Indian Science and Technology Legal Service *Indian Skill Development and Entrepreneurship Legal Service *Indian Social Justice and Empowerment Legal Service *Indian Statistics and Programme Implementation Legal Service *Indian Steel Legal Service *Indian Textiles Legal Service *Indian Tourism Legal Service *Indian Tribal Affairs Legal Service *Indian Women and Child Development Legal Service *Indian Youth Affairs and Sports Legal Service *Indian Cooperative Societies Legal Service

State Legal Services

There shall be as many "State Legal Services" cadres per state of India as decided by the state governments of India. "State Legal Service" Group 'B' gazetted officers shall be allotted to all the attached offices, specialised units, autonomous organisations/bodies, regulatory bodies, statutory bodies, state apex bodies, statutory corporations, public sector units, subsidiaries of public sector units, divisions of public sector units etc. and all other government establishments under each of the state governments of India. The hierarchy of state legal service officers in any of the state government establishments under any of the state governments of India shall be in the following manner. *Principal Chief Legal Advisor cum Advocate to any of the state government establishments *Chief Legal Advisor cum Advocate to any of the state government establishments *Deputy Legal Advisor cum Advocate to any of the state government establishments *Assistant Legal Advisor cum Advocate to any of the state government establishments *Legal Assistant to any of the state government establishments The list of "state legal services" cadres shall be as follows: *To be decided by the state governments of India in their respective state

Functions of the Commission

As per the amended constitution, the functions of the Commission would have included the following: * Recommending persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts. * Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court. * Ensuring that the persons recommended are of ability, merit and other criteria mentioned in the regulations related to the act.

Procedures to be followed by the Commission

The National Judicial Appointments Commission Bill, 2014, had laid down the following procedures for the selection of the Judges of the higher judiciary.

Procedure for selection of Supreme Court judges

Chief Justice of India

The Commission shall recommend the senior-most judge of the Supreme Court for appointment as Chief Justice of India. This is provided he/she is considered fit to hold the office. However, this must be according to the knowledge one possesses rather than the age.

Supreme Court judges

The Commission shall recommend names of persons on the basis of their ability, merit and other criteria specified in the regulations. The Commission shall not recommend a person for appointment if any two of its members do not agree to such recommendation.

Procedure for selection of High Courts judges

Chief Justices of High Courts

The Commission shall recommend a Judge of a High Court to be the Chief Justice of a High Court on the basis of seniority across High Court judges. The ability, merit and other criteria of suitability as specified in the regulations would also be considered.

Appointment of other High Court judges

The Commission shall seek nominations from Chief Justice of the concerned High Court for appointments of High Court Judges or forward a list of such names to the Chief Justice of the concerned High Courts for his/her views. In both cases, the Chief Justice of the High Court shall consult two senior-most judges of that High Court and any other judges and advocates as specified in the regulations. The Commission shall elicit the views of the Governor and Chief Minister of the state before making recommendations. The Commission shall not recommend a person for appointment if any two members of the Commission do not agree to such recommendation.

Challenge to the constitutionality

The validity of the constitutional amendment act and the NJAC Act were challenged by certain lawyers, lawyer associations and groups before the Supreme Court of India through public interest litigation writ petitions. Earlier in August 2014, Supreme Court had dismissed few Writ Petitions challenging the validity of NJAC on the ground that the challenge was premature as the constitutional amendment and the NJAC Act had not been notified then. After the fresh challenge in 2015 after the acts were notified, a three judge bench of the Supreme Court referred the matter to a Constitution Bench.

SC declares NJAC unconstitutional

In a collective order, on 16 October 2015 the Supreme Court by a majority of 4:1 struck down the NJAC Act, 2014 meant to replace the two-decade old collegium system of appointing judges in the higher judiciary. The judgement was hailed by lawyers

Prashant Bhushan Prashant or Prasant is a common male name in South Asia. It is derived from the word "shanth" which means patience, calm, quiet, or tranquil. People with the given name * Prashant Bose - Indian politician * Prashant Bhushan - Indian lawyer, ...

and

Ram Jethmalani Ram Boolchand Jethmalani (14 September 1923 – 8 September 2019) was an Indian lawyer and politician. He served as India's Union minister of law and justice, as chairman of the Indian Bar Council, and as the president of the Supreme Court B ...

, who had appeared for the petitioners challenging NJAC, while other jurists, lawyers and activists such as KK Venugopal, KTS Tulsi and Jayaprakash Narayana opposed it.

Support for NJAC

The only one of the five-judge bench who opposed the majority decision was

, who held that the proposed composition of the NJAC would not be a constitutional issue, and that it could have acted “as a check on unwholesome trade-offs within the collegium and incestuous accommodations between Judicial and Executive branches.”

Later developments

On 3 November 2015 the Supreme Court upheld that it is open to bringing greater transparency in the collegium system within the following existing four parameters, with opinions from both the parties(petitioners who challenged the NJAC and the government). * How the collegium can be made transparent * The fixing of the eligibility criteria for a person to be considered suitable for appointment as a judge * A process to receive and deal with complaints against judges without compromising on judicial independence * Debate on whether a separate secretariat is required, and if so, its functioning, composition and powers On 19 November 2015 the

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

Mukul Rohatgi Mukul Rohatgi is an Indian lawyer and designated senior counsel, and was the 12th Attorney General for India. He was succeeded by K. K. Venugopal, whom he was also offered to succeed to hold the position again, but he declined. He had a tenure o ...

informed the Supreme Court that the central government will not prepare a draft memorandum for judicial appointments contrary to committed earlier and suggested the same to be done through a judgement.

References

External links

99th Constitutional Amendment Act
{{Judiciary of India Repealed Indian legislation Constitutional history of India Constitution of India

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...

Acts of the Parliament of India Supreme Court of India Proposed organizations Judicial nominations and appointments