Which Constitutional Amendment Act introduced the 'National Judicial Appointments Commission', which was meant to replace the collegium system.

The correct answer is 99th Constitutional Amendment.

Key Points

• The 99th Constitutional Amendment Act was passed in 2014 to introduce the National Judicial Appointments Commission (NJAC).
• The NJAC was meant to replace the collegium system for appointing judges to the Supreme Court and High Courts.
• The amendment sought to create a transparent and accountable mechanism for judicial appointments by involving representatives of the executive and judiciary.
• It proposed a six-member commission, including the Chief Justice of India, two senior Supreme Court judges, the Union Law Minister, and two eminent persons.
• The Supreme Court struck down the 99th Amendment and the NJAC Act in October 2015, declaring them unconstitutional as they undermined judicial independence.

Additional Information

• Collegium System
  • The collegium system was established through a series of Supreme Court judgments, starting with the Second Judges Case (1993).
  • It is a mechanism by which judges of the Supreme Court and High Courts are appointed by a panel of senior judges without executive interference.
  • The Chief Justice of India heads the collegium, along with four senior-most Supreme Court judges.
  • Critics argue that the collegium lacks transparency and accountability, which led to calls for reform.
• Judicial Independence
  • Judicial independence is a cornerstone of India's Constitution, ensuring that judges can make decisions free from political pressure.
  • Article 50 of the Constitution directs the State to separate the judiciary from the executive.
  • The Supreme Court asserted that any system affecting judicial independence would violate the basic structure doctrine.
• Basic Structure Doctrine
  • Established in the landmark Keshavananda Bharati case (1973), the doctrine protects certain fundamental features of the Constitution.
  • Judicial independence is considered part of the Constitution's basic structure and cannot be altered by amendments.
• National Judicial Appointments Commission (NJAC) Act
  • The NJAC Act, passed alongside the 99th Amendment, outlined the procedures for judicial appointments.
  • The Act was struck down by the Supreme Court in the Fourth Judges Case (2015).