SC declares NJAC unconstitutional, collegium system to continue

New Delhi : The Supreme Court today declared the National Judicial Appointments Commission (NJAC) unconstitutional and stated that the collegium system of judges appointing judges in the Supreme Court and High Courts will continue.

The Supreme Court. PTI file photo

The NJAC was supposed to replace the two-decade-old collegium system of judges appointing judges in the higher judiciary.

A five-judge Constitution bench headed by Justice J S Khehar had reserved its judgment on July 15 after a marathon hearing for 31 days on the issue of validity of the 99th constitutional amendment and the NJAC Act.

The constitution amendment and National Judicial Appointments Commission
(NJAC) Act were brought to replace the 1993 collegium system for the appointment of judges to the Supreme Court and the high courts.

The court said the system of “appointment of judges to the SC, chief justices and judges of the high courts and the transfer of chief justices and judges of the high courts that existed prior to the amendment begins to be operative”.

The court sought suggestions from the bar for improved functioning of the collegium system. Hearing for the same will take place on November 3.


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