Supreme Court scraps NJAC, declares 99th amendment void and unconstitutional

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The Supreme Court on Friday declared the 99th amendment of the constitution as void and “unconstitutional” while striking down the National Judicial Appointments Commission (NJAC) that sought to replace the 22-year-old collegium system for appointment of judges to the higher judiciary.

The apex court declared the constitutional 99th amendment, which was meant to pave way for the NJAC and the NJAC Act, 2014, unconstitutiona

Striking down the proposal to set up NJAC, the SC constitution Bench of Justice Jagdish Singh Khehar, Justice J Chelameswar, Justice Madan B Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel restored the old collegium system for the appointment and transfer of judges in the higher Indian judiciary.

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 SC also sought for suggestions from the bar to improve the functioning of the collegium system and will hear the same on 3 November.

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