Supreme Court Advocates-on-Record Association v. Union of India (Fourth Judges Case) (2015) held that The 99th Constitutional Amendment and NJAC Act violate the basic structure of the Constitution, specifically the independence of the judiciary
Citation: (2016) 5 SCC 1
This five-judge Constitution Bench struck down the 99th Constitutional Amendment and the National Judicial Appointments Commission (NJAC) Act, 2014, which sought to replace the Collegium system for judicial appointments with a commission involving executive participation. By a 4:1 majority, the Court held that the NJAC violated the independence of the judiciary, which is part of the Constitution's basic structure. The inclusion of the Law Minister and two eminent persons nominated by the executive in the judicial appointment process was held to undermine judicial primacy. Justice Chelameswar dissented, arguing that the Collegium system lacked transparency and accountability. The judgment preserved judicial primacy in appointments while acknowledging the need for reforms in the existing system.
The 99th Constitutional Amendment and NJAC Act violate the basic structure of the Constitution, specifically the independence of the judiciary
Primacy of judiciary in judicial appointments is part of the basic structure and cannot be diluted by executive participation
The presence of Law Minister and executive-nominated members in NJAC would compromise judicial independence
The Collegium system, despite its flaws, better preserves judicial independence than the proposed NJAC
99th Constitutional Amendment and NJAC Act passed by Parliament
NJAC Act comes into force
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Constitution Bench begins hearing challenges to NJAC
Supreme Court strikes down NJAC by 4:1 majority