17, Oct 2015
SC strikes down amendment that sought to clip judiciary’s role in appointments, admits collegium system may need changes
Written by Utkarsh Anand
New Delhi Updated: Oct 17, 2015, 8:07
All eyes on the Supreme Court on Friday as it struck down a Constitutional amendment for first time in 35 years. (Source: Express photo by Ravi Kanojia)
In a historic ruling that the primacy of the judiciary in judges’ appointments was embedded in the basic structure of the Constitution, the Supreme Court today declared unconstitutional an amendment to validate the National Judicial Appointments Commission (NJAC) Act, which had contemplated a significant role for the executive in appointing judges in the higher judiciary.
Effectively sealing the fate of the proposed system, which was unanimously passed by both Houses of parliament, a five-judge Constitution Bench ruled with a 4:1 majority that judges’ appointments shall continue to be made by the Collegium system in which the Chief Justice of India will have “the last word”.