Narendra Modi’s government has notified the National Judicial Appointments Commission Act with immediate effect, replacing the two-decade old collegium system, which was used for appointing judges to superior courts with a more broad based process in which the executive’s opinion was taken into account. Now, the political class and civil society have an equal voice, along with the judiciary, in the appointments and transfer of judges in the highest judiciary.

The Constitution (121st Amendment) Bill, 2014 enacted as the Constitution (99th Amendment) Act. The government didn’t notify it in the gazette to make the law formal, possibly because several petitions had been filed in the top court against the proposed body. The NJAC gives veto power to non-judicial members over judicial members. It would damage the basic structure of the Constitution. ie independence of the judiciary.

Tidbits

1. NJAC will be a six-member body.
2. The body comprises the CJI and two of his senior most judges, the law minister and two eminent people.
3. Any two members can veto any name before them for consideration for appointment or elevation to the higher judiciary including the appointment of the CJI.
4. The eminent people will be nominated after consultations with the CJI, the Prime Minister and the Leader of Opposition or the leader of the single largest opposition party in the Lok Sabha. This rule gives higher power to the executive than the judiciary.