
Explained | Why is the NJAC verdict at the centre of the impasse over appointment of judges?
The HinduThe story so far: Vice-President Jagdeep Dhankhar last week entered the heated debate between the Central government and the Supreme Court over the matter of judicial appointments. The seven-year-old verdict has been invoked by both sides- while the Court asked if the government’s “unhappiness” over the failure of the NJAC was why it was sitting on the names recommended by the Supreme Court Collegium, Law Minister Kiren Rijiju has commented on public fora about how the NJAC could have provided a transparent alternative to the decades-old Collegium system of appointing judges. Article 124 states “every Judge of the Supreme Court shall be appointed by the President” after “consultation” with the judges of the Supreme Court and the high courts, “as the President may deem necessary”. It argued that the 99th Amendment which provided for the creation of the NJAC took away the “primacy of the collective opinion of the Chief Justice of India and the two senior-most Judges of the Supreme Court of India” as their collective recommendation could be vetoed or “suspended by majority of three non-Judge members”. He explained that the 1993 bench of the Supreme Court had interpreted Article 124 and held that the term “consultation” was to be read as “concurrence” ), but since the 99th Amendment had replaced that part of the text to say that judges had to be appointed “on the recommendation of the National Judicial Appointments Commission”, the Second Judges case was not relevant.
History of this topic

NJAC can be a check on judicial monarchy
Hindustan Times
DC Edit | Careful Relook Is Needed at Judicial Appointments
Deccan Chronicle
Two months before push against Collegium system, International Commission of Jurists report recommended new law for judicial appointments, transfers
The Hindu
Cash discovery row brings into limelight NJAC which sought to replace collegium system
Hindustan Times
SC declines plea against Collegium system to protect public’s best interest
The Hindu
‘Collegium not the best system to pick judges... transparent dialogue needed’: Justice SK Kaul
Hindustan Times
Supreme Court to announce date of hearing on plea to ‘abolish’ collegium system, revive NJAC
The Hindu
'SC Hijacked Constitution': Rijiju Cites Judge With 'Sane Views' on Collegium System for Appointment
News 18
Law Minister Kiren Rijiju seeks government nominees in court collegiums, writes to CJI
The Hindu
Only 15 Pc Judges Appointed to HCs in Last 5 Yrs from Backward Communities: Dept of Justice to Par Panel
News 18
As the NJAC debate is revived by the government in 2022, political fault lines have deepened
The Hindu
Laying the ground to delegitimise the Supreme Court
The Hindu
‘Unhappiness’ over NJAC behind govt delay on Collegium recommendations: SC
The Hindu
‘Unhappiness’ over NJAC behind govt delay on Collegium recommendations; govt needs to follow the law of the land: Supreme Court
The Hindu
Judicial appointments: Judiciary's independence is paramount but need to check ‘imperium in imperio’
Firstpost
'I Regret NJAC Decision After Seeing Things Now' : Former SC Judge Justice Kurian Joseph
Live Law
Why is the Collegium of Supreme Court judges in the spotlight?
The Hindu
‘Favouritism, Casteism’: Judge Accuses Collegium Over Appointments
The Quint
SC Collegium Fails Again: Faith In CJI Ranjan Gogoi Fading Fast
The Quint
CJI-led Supreme Court Bench declines to review its 2015 NJAC verdict
The Hindu
SC dismisses review petition against striking down NJAC, collegium system to stay
Live Mint
SC dismisses plea seeking review of 2015 verdict on NJAC Act, notes 470-day delay in filing of petition
Firstpost
CJI Dipak Misra to consult Attorney General on Justice KM Joseph's seniority row after meeting displeased SC judges
Firstpost
‘Shouldn’t Have Happened’: SC Judge on KM Joseph Elevation Row
The Quint
SC collegium names Justice KM Joseph to top court, govt disagrees: A recap
Hindustan Times
Centre asks Supreme Court collegium to reconsider KM Joseph’s appointment
Hindustan Times
Centre Alters Collegium's Recommendation & Extends Additional Judge's Tenure Instead Of Making Him Permanent
Live Law
Justice Kurian Joseph questions judges' non-appointment
Deccan Chronicle
Judicial Appointments: Are Centre's Claims On Lack Of Seniority Of Justice KM Joseph And Justice Surya Kant Valid?
Live Law
SC To Hear Review Plea Against Quashing Of NJAC In March
Live Law
SC To Hear Review Plea Against Quashing Of NJAC In March
Live Law
Justice Karnan's case calls for reviewing judges' selection process, says SC
India TV News![Appoint Gujarat HC Judges To SC and As CJs Of Other HCs, Expedite Appointments In HC: HC Advocates Association [Read Letter]](/static/images/error.jpg)
Appoint Gujarat HC Judges To SC and As CJs Of Other HCs, Expedite Appointments In HC: HC Advocates Association [Read Letter]
Live Law
Judiciary-Executive Reach Consensus On MoP Hurdles
Live Law![Appointment Of Judges: Balancing Transparency, Accountability And Independence [Full Text Of Justice VR Krishna Iyer Memorial Lecture 2016 By Justice AP Shah]](/static/images/error.jpg)
Appointment Of Judges: Balancing Transparency, Accountability And Independence [Full Text Of Justice VR Krishna Iyer Memorial Lecture 2016 By Justice AP Shah]
Live Law
Transparency In Collegium System: Former SC Judges Laud Justice Chelameswar’s Stand
Live Law
Transparency In Collegium System: Former SC Judges Laud Justice Chelameswar’s Stand
Live Law
Justice Chelameswar Opts Out of Collegium Meeting
The Quint![PIL in SC seeking new mechanism for Appointment of Judges [Read Petition]](/static/images/error.jpg)
PIL in SC seeking new mechanism for Appointment of Judges [Read Petition]
Live Law
Need for reform
The Hindu
Govt appoints four Supreme Court judges
Live Mint
Petition filed in Delhi HC against Supreme Court Collegium and its Recommendations
Live Law
Petition filed in Delhi HC against Supreme Court Collegium and its Recommendations
Live Law
'Appointment of judges is in the hands of the judiciary': Law Minister Sadananda Gowda
Firstpost
After NJAC, Supreme Court and Centre Head Towards Another Face-off
The Quint
NJAC: Supreme Court issues guidelines to make collegium system more transparent
Firstpost
Supreme Court to Pronounce Verdict on Improving Collegium System
The Quint
Supreme Court to pronounce verdict tomorrow on improving collegium system
India TV News
Supreme Court banks on collegium to fill judicial vacancies
The HinduDiscover Related


































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