NJAC Verdict: Erosion of faith in Judiciary
Supreme court in it's verdict on October 16,2015,has declared the 99th constitutional amendment as unconstitutional.This act is related to establishment of National Judicial Appointments Commission(NJAC) for appointment of Judges to Supreme court and high court. Recalling the history. Let's first recall the history that led to enactment of 99th amendment.The Article 124 of Indian constitution says that Every judge of supreme court shall be appointed by the president after consultation with the Chief Justice of India.This word 'consultation' has been interpreted by supreme court in different ways in different judgements.In First judges case(1982),SC held that consultation doesn't mean concurrence of opinion.It only implies exchange of views.But in Second judges case(1993),consultation was interpreted as concurrence of opinion.It said the advice of CJI in appointing judges is binding on President.In rendering such advice CJI has to consult two seniormost j...