The National Judicial Appointments Commission (NJAC) has been declared…

2016

The National Judicial Appointments Commission (NJAC) has been declared unconstitutional by

  1. A.

    The Supreme Court of India

  2. B.

    The High Court

  3. C.

    The High Court and the Supreme Court both

  4. D.

    The President of India

Attempted by 1 students.

Show answer & explanation

Correct answer: A

Under India's basic-structure doctrine (Kesavananda Bharati v. State of Kerala, 1973), a Constitutional amendment can be tested against, and struck down for violating, a feature the Constitution treats as fundamental to its identity — such as an independent judiciary. Under Article 141, law declared by the Supreme Court binds every court in India regardless of the bench's size; separately, Article 145(3) requires a Constitution Bench of at least five judges whenever a case involves a substantial question of interpreting the Constitution. The NJAC case was exactly such a substantial-interpretation matter, and it was resolved by such a Constitution Bench, whose ruling — under Article 141 — is what finally and nationally settled the question.

In Supreme Court Advocates-on-Record Association v. Union of India (2015) — commonly called the Fourth Judges Case — a five-judge Constitution Bench of the Supreme Court examined the 99th Constitutional Amendment Act, 2014 and the accompanying National Judicial Appointments Commission Act, 2014, which replaced the collegium system with a commission in which the Union Law Minister and two 'eminent persons' would sit alongside judges in appointing and transferring judges. By a 4:1 majority, the Bench held that this composition diluted the primacy of the judiciary in its own appointments and impaired judicial independence, a part of the basic structure. It therefore struck down both the 99th Amendment and the NJAC Act, 2014, and restored the pre-existing collegium system.

Checking the near-miss options against this same case:

  • The High Court: an Article 226 ruling by a High Court sets a binding precedent only for the subordinate courts within that High Court's own territorial jurisdiction, and does not bind other High Courts or settle a Constitutional question for the country as a whole; this particular ruling was delivered directly by a Supreme Court Constitution Bench, not by any High Court.

  • The High Court and the Supreme Court both: no High Court sat with the Supreme Court on this matter — the ruling came from a Supreme Court Constitution Bench alone, without any High Court's involvement.

  • The President of India: the President's role in this sequence was to give assent to the 99th Amendment Bill after Parliament passed it in 2014; assent is a legislative formality, not a judicial finding, and the President has no power to later adjudicate the validity of a law they signed.

So the correct answer is the Supreme Court of India, which struck down the NJAC in its 2015 Fourth Judges Case ruling.

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