A Bench of five judges of the SC held the 99th Constitutional Amendment Act and the NJAC Act 2014 “unconstitutional and void”. The Supreme Court also held that the Collegium system as it existed before the NJAC ‘operative’.

The move left the government lawyers shocked and the proponents of the collegial system elated. The decision was given four to one by a five-judge constitution bench headed by Justice JS Khehar, who is in line to become the Chief Justice of India.

The top court struck down both the laws passed by the Modi government amending the Constitution to create the National Judicial Appointments Commission to handle all future appointment of judges. It was to have the law minister and two eminent persons along with the three senior-most judges of the Supreme Court, including the Chief Justice of India.

A five-judge bench – J.S. Khehar, J. Chelameswar, Madan B. Lokur, Kurian Joseph and A.K. Goel – had reserved its judgement on July 15 on the issue of validity of the 99th Constitutional amendment and the NJAC Act.

Did You Know?

• Justitia or Lady Justice is the Roman goddess of Justice is an allegorical personification of the moral force in judicial systems.
• The blindfold represents objectivity, in that justice is or should be meted out objectively, without fear or favour, regardless of money, wealth, power, or identity; blind justice and impartiality.

• In her left hand, Lady Justice holds balance scales, which represent the weighing of evidence. When taken with the blindfold, the symbolism is that evidence must be weighed on its own merit.
• In her right hand, Lady Justice is seen to have a sword that faces downwards. This sword represents punishment. This sword is held below the scales to show that evidence and court is always held before punishment.

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