New Delhi : October 17 , 2015 . On 16 October 2015, the apex court of India quashed the NJAC ( National judicial Appointment commission ) and upheld the colleguim system by a 4:1 majority . The constitution bench of the Supreme Court comprising Justice J.S kehar , Justice Madan Lokur , Justice Kurian Joseph, Justice Adarsh Goel and Justice J. Chelameswar . The former four declared the NJAC as unconstitutional , while the latter (J. Chelameswar )upheld it.
The NJAC was created by the parliament by 99th Constitutional Amendment Act for appointment of judges into the higher judiciary namely High Courts of different states and the Supreme Court Of India . Hence a new article i.e Article 124A ( which provides the composition of the NJAC ) was inserted into the constitution . The supreme court struck down the commission after hearing petitions filed by several persons and bodies with the supreme court . The Supreme Court Advocate on record Association was the first and lead petitioner .
The Supreme Court cited the reason that the NJAC violates the basic structure of the constitution and the doctrine of judicial supremacy and thus quashed the Commission . India has a constitutional system of Parliamentary Sovereignty with Judicial supremacy i. e the parliament is empowered to make any law or rule that can prevail over some of the spheres of the states, union territories and centre ( union ) and the law or rule should not violate the constitutional provisions . The bench of the Supreme Court states that NJAC system violates the judicial supremacy characteristic of the constitution and the judiciary can not be indebted to the executive of the union for its functions and appointments . The collegium is a system that consists of the incumbent judges of the supreme court of India , who recommend names of the persons to be appointed into the higher judiciary that is the High Courts and the Supreme Court.
