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The National Judicial Appointments Commission (NJAC)hasAdmit


been Card
established by the 121st constitutional Amendment Bill, 2014. NJAC is a
ofAnswer
proposed body responsible for appointment and transfer
judgesKey
to the
higher judiciary in India.
Result

The present Collegium system of appointing the judges of Supreme Court


and 24 High Courts will be replaced with judicial appointments
commission wherein the executive will also have a say in appointing the
judges.
Along with the National Judicial Appointments Commission Bill, 2014 was
introduced in the Lok Sabha on August 11, 2014 by the Minister of Law
and Justice, Mr. Ravi Shankar Prasad, a new article, Article 124 A, (which
provides for the composition of the NJAC) is also be inserted into the
Constitution.
The NJAC Bill provides for the procedure to be followed by the NJAC for
recommending persons for appointment as Chief Justice of India and other
Judges of the Supreme Court (SC), and Chief Justice and other Judges of
High Courts (HC). The bill also seekschanges in articles 124,217,222 and
231.
The 121st Constitution Amendment Bill stipulates amendments to Articles
124 (2) and 217 (1), which deal with the appointment of judges in the
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Recent
Weekly
Current
Affairs
Update (2
November 8
November) 2015
November 9th, 2015

7
November 2015
Important Current
Affairs Updates
November 9th, 2015

6
November 2015
Important Current
Affairs Updates
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Supreme Court and


the High Courts,
respectively. Under
the 121st
amendment, every
judge in the Supreme
Court and the High
Courts would be now
appointed by the
President in
consultation with the
National Judicial
Appointments
Commission (NJAC).

Composition of NJAC (National Judicial


Appointments Commission)

November 9th, 2015

5
November 2015
Important Current
Affairs Updates
November 5th, 2015

4
November 2015
Important Current
Affairs Updates
November 5th, 2015

TheNational Judicial Appointments Commission will be a six member


body composed of the following members:

Chief Justice of India (will be the ex-officio Chairperson)


Two other senior judges of the Supreme Court, next to the Chief
Justice of India (ex officio members)
The Union Minister of Law and Justice (ex-officio)
Two eminent persons shall be nominated for a period of three years
and shall not be eligible for re-nomination. (to be nominated by a
committee consisting of the Chief Justice of India, Prime Minister of
India and the Leader of opposition in the Lok Sabha or 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.

Functions of NJAC (National Judicial


Appointments Commission)
The functions of the NAtional Judicial Appointments Commission (NJAC)
will be, to recommend candidates for appointment as Chief Justice of
India, Judges of the Supreme Court, Chief Justices of High Courts and other
Judges of High Courts. The NJAC will also play its role intransfer of Chief
Justices and other Judges of High Courts from one High Court to any other
High Court. The chief task of NJAC will be to ensurethat the persons
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Analysis of the National Judicial Appointments


Commission (NJAC)
Under the present Collegium system, the Chief Justice of India consult the
four senior most judges of the Supreme Court for appointments to the
Supreme Court and two senior-most judges for appointments to high
courts.
With the Judicial Appointments Commission (NJAC), it is expected that
transparency in judicial appointments will be seen in the highest courts.
Also, it would end the highest judiciarys two-decade-old grip over the
appointments of judges through the collegium system.

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Hence, the National Judicial appointments commission gives the executive


an equal role in the appointment of judges to the highest judiciary.

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Concerns and Issues regarding National Judicial


Appointments Commission (NJAC)
There are various contentions regarding the National Judicial
Appointments Commission. The following points summarize the issues and
concerns related to NJAC.
Through the NJAC Bill the parliament had altered the basic
structure of the Constitution and encroached into judicial
independence. Given here that, independence of judiciary includes
elimination of the political influence even at the stage of
appointment of a judge which is alleged to be violated.
The NJAC takes away the collective opinion of the Chief Justice of
India and the two senior most Judges of the Supreme Court of India.
Although the six-member Judicial Commission has the CJI as
chairperson and two senior most Supreme Court judges as
members, there was no primacy for their opinion which can be
vetoed byany two non-judicial members on the panel.
On the contrary, under the present Collegium system, the Chief
Justice of India would be consulting the four senior most judges of
the Supreme Court for Supreme Court appointments and two
senior-most judges for high court appointments, hence, having
primacy of their collective opinion.

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YDUTS
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IRETAM

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LReasoning
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AIRETAM

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About the Author: Rachana Rathore


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