The National Judicial Appointments
Commission (NJAC) Bill passed by Parliament in August this year that seeks to do
away with the collegium system of appointing judges to higher judiciary has
received the assent of the President. Being a Bill in the nature of a
constitutional amendment, it required ratification by at least 50% of the state
legislatures, which requirement was also satisfied with 16 of the 29 states ratifying
the Bill.
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| Rashtrapati Bhavan, New Delhi |
The new law facilitates the setting
up of a commission for appointment of judges, replacing the 20-year-old
collegium system, which had been under severe criticism for its lack of
transparency in the matter of processing of names for appointment as judges to
the higher judiciary.
With the assent of the President, all
decks have been cleared for the setting up of the NJAC, which will appoint and
transfer judges to the Supreme Courts and the 24 High Courts. The124th
amendment to the Constitution grants Constitutional status to the NJAC and its
composition which will be headed by the Chief Justice of India.
Besides the CJI, the judiciary would
be represented by two senior judges of the Supreme Court. Two eminent
personalities and the Law Minister will be the other members of the body.
Though the assent of the President has been obtained the new law, that is, the National Judicial Appointments Commission Act, 2014 will not come into effect at once. Going by Section 1(2) of the Act, the National Judicial Appointments Commission Act, 2014 will now come into force on such date as the Central Government may notify in the Official Gazette. Therefore the nation may have to wait a while before the days of the collegium system, well and truly, come to an end.
The full text of the National Judicial Appointments Commission Bill, 2014 as passed by both the Houses of Parliament can be accessed here
Though the assent of the President has been obtained the new law, that is, the National Judicial Appointments Commission Act, 2014 will not come into effect at once. Going by Section 1(2) of the Act, the National Judicial Appointments Commission Act, 2014 will now come into force on such date as the Central Government may notify in the Official Gazette. Therefore the nation may have to wait a while before the days of the collegium system, well and truly, come to an end.
The full text of the National Judicial Appointments Commission Bill, 2014 as passed by both the Houses of Parliament can be accessed here
