Explained | Why is the NJAC verdict at the centre of the impasse over appointment of judges?
2 years, 3 months ago

Explained | Why is the NJAC verdict at the centre of the impasse over appointment of judges?

The Hindu  

The 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
18 hours, 33 minutes ago
DC Edit | Careful Relook Is Needed at Judicial Appointments
5 days, 16 hours ago
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5 days, 19 hours ago
Cash discovery row brings into limelight NJAC which sought to replace collegium system
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11 months ago
‘Collegium not the best system to pick judges... transparent dialogue needed’: Justice SK Kaul
1 year, 3 months ago
Supreme Court to announce date of hearing on plea to ‘abolish’ collegium system, revive NJAC
1 year, 11 months ago
'SC Hijacked Constitution': Rijiju Cites Judge With 'Sane Views' on Collegium System for Appointment
2 years, 2 months ago
Law Minister Kiren Rijiju seeks government nominees in court collegiums, writes to CJI
2 years, 2 months ago
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2 years, 2 months ago
As the NJAC debate is revived by the government in 2022, political fault lines have deepened
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Laying the ground to delegitimise the Supreme Court
2 years, 3 months ago
‘Unhappiness’ over NJAC behind govt delay on Collegium recommendations: SC
2 years, 4 months ago
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2 years, 4 months ago
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2 years, 5 months ago
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5 years, 3 months ago
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5 years, 6 months ago
‘Favouritism, Casteism’: Judge Accuses Collegium Over Appointments
5 years, 8 months ago
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6 years, 2 months ago
CJI-led Supreme Court Bench declines to review its 2015 NJAC verdict
6 years, 3 months ago
SC dismisses review petition against striking down NJAC, collegium system to stay
6 years, 3 months ago
SC dismisses plea seeking review of 2015 verdict on NJAC Act, notes 470-day delay in filing of petition
6 years, 3 months ago
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6 years, 7 months ago
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6 years, 10 months ago
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6 years, 10 months ago
Centre asks Supreme Court collegium to reconsider KM Joseph’s appointment
6 years, 11 months ago
Centre Alters Collegium's Recommendation & Extends Additional Judge's Tenure Instead Of Making Him Permanent
6 years, 11 months ago
Justice Kurian Joseph questions judges' non-appointment
6 years, 11 months ago
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7 years ago
SC To Hear Review Plea Against Quashing Of NJAC In March
7 years, 2 months ago
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7 years, 2 months ago
Justice Karnan's case calls for reviewing judges' selection process, says SC
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8 years, 6 months ago
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Justice Chelameswar Opts Out of Collegium Meeting
8 years, 6 months ago
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8 years, 7 months ago
Need for reform
8 years, 7 months ago
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8 years, 10 months ago
Petition filed in Delhi HC against Supreme Court Collegium and its Recommendations
8 years, 10 months ago
Petition filed in Delhi HC against Supreme Court Collegium and its Recommendations
8 years, 10 months ago
'Appointment of judges is in the hands of the judiciary': Law Minister Sadananda Gowda
8 years, 10 months ago
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8 years, 11 months ago
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9 years, 3 months ago
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