Académique Documents
Professionnel Documents
Culture Documents
SEMESTER 2ND
SYNOPSIS
ON
99TH AMENDMENT
FOR
CONSTITUTIONAL LAW-1
The National Judicial Appointments Commission (NJAC) was established by the Union
government of India by amending the constitution of India through the 99th Constitutional
Amendment Act, 2014. The amendment act was passed by both the houses of Parliament with
two-thirds of majority in August, 2014. Along with the amendment act, the NJAC Bill 2014 was
also passed by the Parliament. The bills were approved by the 20 state legislatures and President
of India gave his assent to the bills in December, 2014. The two acts came into force from 13th
April 2015. The NJAC act was challenged in Supreme Court by Supreme Court Advocates on
Record Association (SCAORA) and others contending that the new law is unconstitutional and it
is aimed at hurting the independence of judiciary. After accepting the petition, on October 16, the
five-member constitutional bench of Supreme Court headed by the Justice J.S. Kheharwith 4:1
majority has declared the National Judicial Appointments Commission and the 99th
Constitutional Amendment act as unconstitutional and void.
Statement Of Problem.
The 99th amendment was brought up to establish the NJAC(National Judicial Appointments
Commission) which in turn prescribed the rules and regulation for the appointment of judges in
both High Courts and Supreme Court. But the amendment could not be held for long and lost it's
value after Supreme Court discards it. Outside these black-and-white arguments, the more
complex reality is that it is the most difficult tasks the Supreme Court has faced in recent years.
While the legal fraternity continues to be sharply divided over the matter of how to select the
nations senior judges, the SCs eventual decision will be a landmark, whatever it is. The National
Judicial Appointments Commission was set up by the Central government to appoint judges.
The petitions had challenged the constitutional validity of the NJAC Act which had brought to an
end the two-decade-old collegium system of judges appointing judges in the higher judiciary.
The court today said that it will hold further hearings on improving the present collegium system
of appointing judges.
Identification of Issues.
Purpose of introduction of the bill.
The scope of research into 99th amendment has extended from the study
of cases and judgements into reasons and causes of judgements and
treatments of these cases.
Probable Outcome
The outcome of this research could be revealing of the structure of 99th
amendment. Study of cases would give insight into the tortuous elements
present in the 99th Amendment. Also the loopholes of the Act would be
presented in a clear manner with the case laws closely related to the
foresaid amendment
Chapterisation
1. Introduction.
5. Case study.
6. Conclusion.
7. Bibliography.