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

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, WP No. 13 of 2015, decided on 15-10-2015]2015-10-16_1444980740.pdf (3.4MB)
Source: Legal news India