NJAC Act and Constitution (Ninety-Ninth Amendment) Act declared unconstitutional by 5-Judge bench

Supreme Court: Justices J. S. Khehar, J. Chelameswar, Madan B. Lokur, Kurian Joseph and Adarsh Kumar Goel, pronounced the separate judgments and the prayer for reference to a larger Bench, and for reconsideration of the Second and Third Judges cases [(1993) 4 SCC 441, and (1998) 7 SCC 739, respectively] rejected; the Constitution (Ninety-ninth Amendment) Act, 2014 declared unconstitutional and void; the National Judicial Appointments Commission Act, 2014, declared unconstitutional and void; the system of appointment of Judges to the Supreme Court, and Chief Justices and Judges to the High Courts; and transfer of Chief Justices and Judges of High Courts from one High Court, to another, as existing prior to the Constitution (Ninety-ninth Amendment) Act, 2014 (called the “collegium system”) declared to be operative. As an endnote the Bench left the discussion open to consider the introduction of appropriate measures for an improved working of the “collegium system”. [SCORA v. Union of India, 2015 SCC OnLine SC 964]


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