Setback for Centre: Supreme Court shoots down NJAC

New Delhi: In a huge blow to the Narendra Modi government, the Supreme Court on Friday struck down as unconstitutional and void the National Judicial Appointments Commission Act that provides for the appointment of judges to the Supreme Court and High Courts.

In its 1,030-page order, a five-judge Constitution Bench comprising Justices J.S. Khehar, J. Chelameswar (who gave a dissenting verdict), Madan B. Lokur, Kurian Joseph and A.K. Goel, by a 4-1 majority, also declared as unconstitutional and void the Constitution (99th Amendment) Act 2014, ratified by Parliament and 28 state legislatures, that empowered the Centre to notify the NJAC law. Writing the main judgment, Justice Khehar said: “The system of appointment of judges to the SC, and CJs and judges to HCs; and transfer of chief justices and judges of HCs from one HC to another, as existing prior to the Constitution (99th Amendment) Act 2014 (called the “collegium system”), is declared to be operative.