What is collegium system of Supreme Court?

It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution.

What was the 99th Constitutional Amendment?

The 99th Amendment changed Article 124 and 217 of the Constitution which deals with establishment and constitution of Supreme Court and High Courts respectively.

Why did the Supreme Court declared Njac unconstitutional?

The minister said even before the collegium system came into being in 1993 through a judicial verdict, good judges were appointed. But the Supreme Court had in October 2015 declared the NJAC Act unconstitutional, saying the presence of the Law Minister would compromise on the independence of judiciary.

Is collegium system mentioned in Constitution?

No such mention (of the Collegium) has been made either in the original Constitution of India or in successive amendments.

What do you mean by collegium?

Definition of collegium : a group in which each member has approximately equal power and authority.

What role is played by the collegium system in the appointment of judges?

The purpose of the collegium system is to ensure that the opinion of the Chief Justice of India (CJI) is not his individual opinion, but the one formed collectively by a body of judges of the highest integrity in the judiciary.

Can a constitutional amendment be overturned by the Supreme Court?

The United States Supreme Court has never invalidated a constitutional amendment on the grounds that it was outside the amending power. It has, however, considered the content of an amendment as presenting a justiciable question.

What is 98th Constitutional Amendment?

In view of the mounting pressure to have a statutory body to look into the affairs of higher judiciary, including appointments and transfers of judges, the 98th Constitutional Amendment Bill seeks to create a National Judicial Commission.

What is NJAC and Collegium system?

The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme court via judicial fiat by a new system. Khehar, Madan Lokur, Kurian Joseph and Adarsh Kumar Goel had declared the 99th Amendment and NJAC Act unconstitutional while Justice Jasti Chelameswar upheld it.

What is 99th Constitutional Amendment Upsc?

The Ninety-ninth Amendment of the Constitution of India, officially known as The Constitution (Ninety-ninth Amendment) Act, 2014, formed a National Judicial Appointments Commission.

Why was the 99th Amendment to the Indian Constitution struck down?

The Indian supreme court striking down 99th constitutional amendment to the constitution by holding that the NJAC National judicial appointment commission, 6 member body, sought to interfere with the independence of judiciary. The move of supreme court is dangerous for democracy.

How many constitutional amendments have been quashed by the courts in India?

After 35 years that a constitutional amendment has been quashed by the top court of india,. The Indian supreme court striking down 99th constitutional amendment to the constitution by holding that the NJAC National judicial appointment commission, 6 member body, sought to interfere with the independence of judiciary.

Is the NJAC Act 2014 unconstitutional and void?

On October 16, five-member bench of the Supreme Court held the 99th Constitution Amendment act and the NJAC Act 2014 “unconstitutional and void”. (ALSO READ: Supreme Court to pronounce verdict on validity of NJAC Act today)

How does the Supreme Court rule on a constitutional issue?

When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.