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National Judicial Appointments Commission (NJAC) FAQs
What is NJAC full form?
The NJAC full form is the National Judicial Appointments Commission.
What is the National Judicial Appointments Commission?
The National Judicial Appointments Commission (NJAC) was a proposed body to oversee the appointment of judges to the Supreme Court and High Courts in India, replacing the existing collegium system.
Who introduced NJAC in India?
NJAC was introduced by the Law Minister, Mr. Ravi Shankar Prasad through National Judicial Appointments Commission Bill 2014.
Why NJAC was struck down by the Supreme Court?
The Supreme Court was declared unconstitutional by the Supreme Court in 2015, which ruled that NJAC compromised judicial independence.
Why was NJAC declared unconstitutional?
The NJAC was declared unconstitutional because its provisions like veto power to non-judicial members were seen as undermining the independence of the judiciary.
National Judicial Appointments Commission (NJAC)
National Judicial Appointments Commission (NJAC) was a proposed constitutional body to make judicial appointments more transparent. Supreme Court had struck down the NJAC Act calling it unconstitutional.
Deeksha Dixit31 Mar, 2025
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The National Judicial Appointments Commission (NJAC) was introduced as an alternative to the existing Collegium system to address transparency issues in judges' appointments. The recent controversy over the discovery of large sums of money at the residence of a Delhi High Court Judge brought back National Judicial Appointments Commission into the spotlight when the matter was raised in the Parliament. Read on to learn about it!
About the NJAC and its Full Form
The National Judicial Appointments Commission (NJAC) was a proposed body aimed at reforming the method of appointing judges to the Supreme Court and High Courts in India. Established by the 99th Constitutional Amendment Act of 2014, NJAC aimed to bring transparency and accountability to the selection process.
NJAC was intended to replace the Collegium system, which had been criticized for being opaque and exclusive. It aimed to make judicial appointments more inclusive by involving members from outside the judiciary.
About the NJAC
Full Form
National Judicial Appointments Commission (NJAC)
Established
2014 through the Constitution (99th Amendment) Act and the NJAC Act
Purpose
To provide a transparent and broad-based process for the appointment of judges to the Supreme Court and High Courts, replacing the collegium system.
Composition
Chief Justice of India (Chairperson)
Two senior-most Supreme Court judges
Union Minister of Law and Justice
Two eminent persons from civil society, nominated by a committee comprising the Chief Justice, Prime Minister, and Leader of Opposition in Lok Sabha.
Functions
Recommend appointments for Chief Justice of India, Supreme Court judges, Chief Justices and other judges of High Courts.
Recommend transfers of judges between High Courts.
Legislative Support
Passed in both Lok Sabha and Rajya Sabha; ratified by 16 state legislatures.
Veto
Any two members of the NJAC could reject a judicial appointment if they disagreed with the recommendation
Status
Struck down by the Supreme Court on October 16, 2015, as unconstitutional, reinstating the collegium system.
National Judicial Appointments Commission Bill, 2014
The National Judicial Appointments Commission Bill, 2014 was introduced in the Lok Sabha on August 11, 2014, by the Minister of Law and Justice, Ravi Shankar Prasad. This Bill aimed to establish a framework for the appointment of judges in India, replacing the existing collegium system.
NJAC was passed by Parliament and was ratified by 16 state legislatures before receiving the President’s assent. This bill set up the operational framework for an independent commission for the selection and appointment of judges to the Supreme Court and High Courts, known as the National Judicial Appointments Commission.
Constitutional Provisions for NJAC
The National Judicial Appointments Commission (NJAC) was established through the 99th Constitutional Amendment Act (CAA) which amended Article 124 of the Indian Constitution. The introduction of NJAC led to the inclusion of three significant articles in the Indian Constitution:
Article 124A: Established the NJAC as a constitutional body responsible for judicial appointments and defined its composition.
Article 124B: Assigned NJAC the responsibility of recommending judicial appointments and overseeing the transfer of judges within the higher judiciary.
Article 124C: Empowered Parliament to legislate further provisions governing NJAC’s operations and procedures.
Why NJAC Was Struck Down?
On October 16, 2015, the Supreme Court struck down both the NJAC Act and the 99th Constitutional Amendment as unconstitutional in a 4:1 majority decision of a five-judge bench. The decision reinstated the Collegium system, arguing that NJAC violated the independence of the judiciary.
The Court highlighted below key concerns:
Executive Influence: The inclusion of non-judicial members in NJAC could allow political interference in judicial appointments, threatening the doctrine of separation of powers.
Judicial Autonomy: The presence of government representatives in the appointment process was seen as undermining the judiciary’s ability to function independently.
Basic Structure Doctrine: The ruling held that NJAC altered the basic structure of the Constitution by compromising judicial independence.
The verdict reaffirmed the principle that judges should be free from executive or legislative pressure while making decisions that uphold constitutional values.
After NJAC was nullified, India reverted to the Collegium system. Under this system:
The Chief Justice of India and the four senior-most Supreme Court judges recommend appointments to the higher judiciary.
Each High Court has its own Collegium led by its Chief Justice and two senior-most judges.
The government’s role is limited to approving the recommendations and conducting an Intelligence Bureau (IB) inquiry on recommended candidates.
The process remains confidential, with no formal records or public disclosure of deliberations.
While the Collegium system preserves judicial independence, there are concerns that it lacks transparency and accountability. Over the years, experts have called for reforms to introduce clearer procedures without compromising autonomy.
Collegium Vs NJAC
Both the Collegium system and NJAC had their merits and challenges. Here’s a comparative overview:
Aspect
Collegium System
NJAC
Origin
Evolved from the "Three Judges Cases" and is not explicitly mentioned in the Constitution.
Introduced through the 99th Constitutional Amendment Act, 2014, and governed by Article 124A.
Composition
Judges appoint other judges
Includes judiciary, executive, and eminent persons
Transparency
Secretive, no formal criteria
Public accountability through diverse representation
Judicial Independence
Full autonomy of judges
Executive involvement, risking political influence
Accountability
Lacks external checks, Accused of nepotism and autocratic tendencies
More structured but prone to political bias
Decision-Making
Based on internal consensus
Majority-based, allowing external input
While NJAC aimed to make judicial appointments more transparent, its structure raised concerns about judicial independence. On the other hand, the Collegium system maintains autonomy but lacks transparency. Striking a balance between these two is a need of the hour for judicial reforms.
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