New Delhi : In a jolt to the central government, the Supreme Court on Friday struck down the constitution’s 99th amendment and the NJAC Act as unconstitutional and void, restoring the collegium system for appointment of judges to the higher judiciary.
In a “collective order”, the constitution bench of Justice Jagdish Singh Khehar, Justice J. Chelameswar, Justice Madan B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel said that the constitution’s 99th amendment and the NJAC Act are unconstitutional and void.
The constitution amendment and National Judicial Appointments Commission
(NJAC) Act were brought to replace the 1993 collegium system for the appointment of judges to the Supreme Court and the high courts.
The court said the system of “appointment of judges to the SC, chief justices and judges of the high courts and the transfer of chief justices and judges of the high courts that existed prior to the amendment begins to be operative”.
The court sought suggestions from the bar for improved functioning of the collegium system. Hearing for the same will take place on November 3.