Union Government has brought into force the National Judicial Appointments Commission (NJAC) Act, 2014 along with the 99th Constitutional Amendment Act, 2014.
In this regard, notification to effect from 13 April 2015 was issued by the Union Law Ministry.
With this new law the collegium system to appoint members to the higher judiciary has come to an end. Now President will appoint judges in the Supreme Court (SC) and 24 High Courts (HCs) in consultation with the NJAC.
Facts about NJAC Act, 2014
Composition of NJAC
- As per Article 124A, NJAC is a 6 member constitutional body. Consisting of
- Chairman- Chief Justice of India (CJI).
- Members- Two senior most Judges of the Supreme Court, the Union Minister of Law and Justice and two eminent persons.
- Two eminent persons will be nominated by committee led by Prime Minister of India, the CJI, and the Leader of the Opposition in the House of the People.
As per 124B, functions of NJAC are
- Recommend persons for appointment as CJI, Judges of SC, Chief Justices and other Judges of High Courts.
- Recommend transfer of Chief Justices and other Judges HCs from one HC to another HC.
About Collegium system
- Previously, under the collegium system, five top judges of the Supreme court recommended transfer and elevation of judges to Supreme Court and High Courts.
- It came into existence in 1993 after a Supreme Court judgement.