New Delhi, Oct 16 (IANS) In a jolt to the government, the Supreme Court on Friday struck down the constitution's 99th amendment and the NJAC Act as unconstitutional, restoring the collegium system for appointment of judges to the higher judiciary.
In a "collective order", the constitution bench of Justice Jagdish Singh Khehar, Justice J. Chelameswar, Justice Madan B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel said the 99th amendment and the NJAC Act were unconstitutional and void.
"The constitution (99th Amendment) Act, 2014 is declared unconstitutional and void" and "The National Judicial Appointments Commission Act, 2014, is declared unconstitutional and void", the court said.
The constitution amendment and the NJAC Act were brought to replace the 1993 collegium system for the appointment of judges to the Supreme Court and high courts.
"The 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, as existing prior to the constitution (99th Amendment) Act, 2014 (called Collegium System), is declared to be operative," the court order said.
The court rejected the prayer by the government for referring the matter to a larger bench for reconsideration of second judges (1993) and the third judges (1998) that had put in place the collegium system for the appointment of judges.
After pronouncing the order, the court sought suggestions from the senior counsel who had appeared in the matter and bar for improved and transparent functioning of the collegium system.
Hearing for the same will take place on November 3.
Parliamentary sovereignty has received a setback: Government
Parliamentary sovereignty has received a setback, said union Minister Ravi Shankar Prasad here on Friday after the Supreme Court struck down the NJAC and restored the collegium system for appointment of judges.
"Parliamentary sovereignty has received a setback today," the minister told reporters at the BJP headquarters here.
He was speaking after the apex court struck down the constitution's 99th amendment and the NJAC Act as unconstitutional, restoring the collegium system for appointment of judges to the higher judiciary.
The minister also said that the National Judicial Appointments Commission (NJAC) was part of judicial reforms which was exercised after deep consideration.
NJAC was against constitution: Experts
The National Judicial Appointments Commission Act was "against the basic features of ous constitution", though the collegium system is not entirely flawless, top lawyers and legal experts said on Friday.
Their comments came after the Supreme Court on Friday struck down the Constitution's 99th amendment and the National Judicial Appointments Commission Act (NJAC), restoring the collegium system for the appointment of judges in higher judiciary.
Referring to the collegeium system, renowned advocate Kamini Jaiswal said: "I am not saying that this system is flawless... this has its own drawbacks. But between the two evils, this is lesser evil."
She added: "They had tried to overcome nine-judge bench judgment which had laid down the collegeium system. Who knows the people to be appointed better than the people in judiciary?"
Former chief justice Altamas Kabir said he was always against the NJAC.
"I have always been against it. It goes against the basic features of our constitution," he said.
Senior lawyer Geeta Luthra echoed similar views.
She said: "It was expected that this is what the SC would do. The presence of two eminent persons as members of the committee that was being sought was questionable. There was no regard to the chief justice and two senior most judge."
