Q: Why was the National Judicial Appointments Commission created ?

Ans: In late 2014, the Modi Government enacted the National Judicial Appointments Commission (NJAC) Act and the Constitutional (99th) Amendment Act. Article 124 (2) establishes the procedure for the appointment of every judge of the Supreme Court by the President of India. The President is authorized to make such appointments after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary.

The Constitution (Ninety-ninth Amendment) Act, 2014 modified the Article 124 of the Indian Constitution by adding Article 124 A, for the creation of the National Judicial Appointments Commission replacing existing collegium system. The National Judicial Appointments Commission Act aimed at limiting the primacy of the judiciary and increasing the Government's involvement in such appointments. It was proposed that the National Judicial Appointments Commission is to be comprised of the Chief Justice of India and two-senior most Supreme Court judges, the Union Law Minister and two "eminent people" one of whom would be selected from minorities, scheduled castes, tribes and other backward classes or women. It was proposed that the two "eminent people" would be selected from a panel consisting of the Chief Justice, the Prime Minister and the Leader of opposition in the Lok Sabha. Further, each of the six members of the Commission would have a vote; and two members would have been able to veto an appointment to the Court.

In addition, the Commission would also have the power to promulgate new regulations governing criteria for selection and procedures for such appointments.




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