Dec 10, 2022
Today we will discuss Appointment of Judges in our daily edition of Current Affairs. Read further to upgrade your UPSC CSE knowledge and also understand the topic’s relevance to the UPSC syllabus.
For Prelims: Polity & Governance
Constitution (99th Amendment) Act, National Judicial Appointments Commission (NJAC) Act, Supreme Court (SC), High Courts (HC), Supreme Court Advocates-on-Record Association (SCAORA), and Second Judges Case.
For Mains: GS Paper II
About the National Judicial Appointments Commission (NJAC), Appointments under the NJAC Act, the Constitution (99th Amendment) Act, Cause for which NJAC challenged.
Recently, amidst ongoing debate between the Central government and the Supreme Court over the judicial appoinments, the Vice-President of India commented by referring the 2015 verdict of the SC which struck down the National Judicial Appointments Commission (NJAC) and the 99th Amendment.
How did the National Judicial Appointments Commission come into being? Why was it later struck down as ‘unconstitutional’? (150 words, 10 marks)
The Constitution (99th Amendment) Act, introduced three primary Articles:
Also Read: Indian Constitution: Why and How?
Fundamental Rights in the Indian Constitution
The three Judges’ cases, that leads to the evolvement of the Collegium system:
In the First Judges case, the court held that the consultation with the CJI should be “full and effective”.
The Second Judges case introduced the collegium system in 1993, as they ordered the CJI to consult a collegium of his two senior-most judges in the apex court on judicial appointments, such a “collective opinion” of the collegium would have primacy over the government.
The Third Judges case in 1998, expanded the judicial collegium to its present composition of the CJI and four of its senior-most judges.
In October 2015, the five-judge bench of the top court hearing SCAORA’s plea gave the following ruling, with a 4:1 majority:
News Source: The Hindu
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