SC declares NJAC unconstitutional

In a collective order, the Supreme Court has struck down on the National Judicial Appointments Commission (NJAC) law meant to replace the two-decade old collegium system of judges appointing judges in higher judiciary. A Bench of five judges of the SC held the 99th Constitutional Amendment Act and the NJAC Act 2014 "unconstitutional and void".The Supreme Court also held that the Collegium system as it existed before the NJAC 'operative'. The five-judge Bench listed the petitions on November 3 to invite suggestions to improve the working of the existing Collegium system. "Help us decide for a better system of judicial appointments," Justice J.S. Khehar told the Centre and the petitioners. The Bench said that the judgment was the "collective view of the court".The Bench struck down on the government's arguments that the question of validity of the NJAC and the 99th Constitutional Amendment should be referred to a larger Bench in light of the two 'Judges Cases' of 1993 and 1998.The NJAC Act was meant to replace the two-decade old collegium system of judges appointing judges in higher judiciary. The SC rejected the plea of Centre that the petition challenging NJAC Act be referred to a larger Bench.The NJAC was a body created to end the two-decade-old Supreme Court Collegium system of judges appointing judges to the highest courts in the land.