SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION AND ANOTHER versus UNION OF INDIA

Citation: [2015] 13 S.C.R. 1 · Decided: 16-10-2015 · Supreme Court of India · Bench: J.S. KHEHAR
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Judgment (excerpt)

[2015] 13 S.C.R. 1 
SUPREME COURT ADVOCATES-ON-RECORD 
A 
ASSOCIATION AND ANOTHER 
v. 
UNION OF INDIA 
(Writ Petition (Civil) No. 13 of 2015) 
OCTOBER 16, 2015 
[JAGDISH SINGH KHEHAR, J. CHELAMESWAR, 
MADAN B. LOKUR, KURIAN JOSEPH, 
ADARSH KUMAR GOEL, JJ.] 
B 
c 
Constitution (Ninety-ninth Amendment) Act, 2014 -
Collegium system of appointment of Judges to the Supreme 
Cowt, and Chief Justices and Judges to the High Courts; 
and transfer of Chief Justices and Judges of High Courts 
from one High Court, to another- New scheme contemplated D 
for replacing the Collegium system - Six-member National 
Judicial Appointments Commission (NJAC) set up under the 
aegis of Constitution (Ninety-ninth Amendment) Act, 2014 
read with the National Judicial Appointments Commission 
E 
Act, 2014-NJAC composed of: (a) the Chief Justice of India, 
Chairperson, ex officio; ·(b) two other senior Judges of 
Supreme Court, next to the Chief Justice of India as 
Members, ex officio; (c) the Union Minister in charge of Law 
and Justice as Member, ex officio; (d) two eminent persons, 
F 
to be nominated as Members - Constitution (Ninety-ninth 
Amendment) Act, 2014 - Va/idjty of- Held (per order of the 
Court): It is unconstitutional and void - National Judicial 
Appointments Commission Act, 2014 - Judiciary- Higher 
Judiciary- Constitutional Courts -Appointment and transfer G 
of Judges - Procedure . 
National Judicial Appointments Commission Act, 2014 
- Collegium system of appointment of Judges to the Supreme 
Court, and Chief Justices and Judges to the High Courts; 
h 
2 
SUPREME COURT REPORTS 
[2015] 13 S.C.R. 
A and transfer of Chief Justices and Judges of High Courts 
from one High Court, to another- New scheme contemplated 
for replacing the Col/egium system - Six-member National 
Judicial Appointments Commission (NJAC) set up under the 
aegis of Constitution (Ninety-ninth Amendment) Act, 2014 
B read with the Nationai Judicial Appointments Commission 
Act, 2014- NJAC composed of: (a) the Chief Justice of India, · 
Chairperson, ex officio; (b} two other senior Judges of 
Supreme Court, next to the Chief Justice of India as 
Members, ex officio; (c) the Union Minister in charge of Law 
C and Justice as Member, ex officio; (d} two eminent persons, 
to be nominated as Members -
National Judicial 
Appointments Commission Act, 2014 - Validity of - Held 
(per order of the Court): It is unconstitutional and void -
0 
Constitution (Ninety-ninth Amendment) Act, 2014- Judiciary 
- Higher Judiciary - Constitutional Courts - Appointment 
and transfer of Judges- Procedure. 
Judiciary - Higher Judiciary- Constitutional Courts -
Appointment and transfer of Judges- Procedure- Col/egium 
E system of appointment of Judges to the Supreme Court, and 
Chief Justices and Judges to the High Courts; and transfer 
of Chief Justices and Judges of High Courts from one High 
Court, to another- New scheme contemplated for replacing 
the Collegium system -
Six-member National Judicial 
F Appointments Commission (NJAC) set up under the aegis 
of Constitution (Ninety-ninth Amendment) Act, 2014 read with 
the National Judicial Appointments Commission Act, 2014 
-
NJAC composed of: (a) the Chief Justice of India, 
Chairperson, ex officio; (b) two other senior Judges of 
G 
Supr~me Court, next to the Chief Justice of India as 
Members, ex officio; (c) the Union Minister in charge of Law 
and Justice as Member, ex officio; (d) two eminent persons, 
to be nominated as Members- Held (per order of the Court): 
The collegium system, as existing prior to the Constitution 
H 
SUPREME COURT ADVOCATES-ON-RECORD 
3 
ASSOCIATION v. U.0.1. 
(Ninety-ninth Amendment) Act, 2014, declared to be A 
operative - However, to consider introduction of appropriate 
measures, if any, for an improved working of the "collegium 
system", matter listed on a subsequent date ..:. Constitution 
(Ninety-ninth Amendment) Act, 2014 - National Judicial 
Appointments Commission Act, 2014. 
B 
Judiciary ~ Higher judiciary - Constitutional Courts -
Selection and appointment of Judges -
Parliament, if 
empowered to provide for an alternative procedure - Held 
(per Khehar, J.): It is open to the Parliament, while exercising C 
its power under Article 368, to provide for some other 
alternative procedure for the selection and appointment of 
Judges to the higher judiciary, so long as, the attributes of 
"separation of powers" and "independence of the judiciary", 
which are "core" components of the "basic stru
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