99th Constitutional Amendment Act, Features, Constitutionality

The 99th Constitutional Amendment Act of India was passed to reform the system of appointing judges in India. It amended the Constitution of India to establish the National Judicial Appointments Commission (NJAC), which aimed to replace the Collegium System used for appointing judges to the Supreme Court of India and High Courts of India. The main objective of the amendment was to make the judicial appointment process more transparent and participatory. It is significant in constitutional studies as it reflects the debate over judicial reforms and the independence of the judiciary in India.

99th Constitutional Amendment Act Background

• The background of the 99th Constitutional Amendment Act of India is related to the long-standing debate about how judges should be appointed in India. Under the Collegium System, judges of the Supreme Court of India and High Courts of India were selected mainly by senior judges of the judiciary. Over time, this system faced criticism for lacking transparency and accountability.
• Many people, including the government and legal experts, believed that the appointment process should include a broader group and be more open. As a result, the government proposed a change to the Constitution of India to create a new body called the National Judicial Appointments Commission (NJAC). The aim was to make the appointment process more transparent and balanced by involving both the judiciary and the executive.
• Thus, the 99th Constitutional Amendment Act was introduced as an attempt to reform the judicial appointment system while maintaining the functioning of the judiciary.

99th Constitutional Amendment Act Features

• Creation of NJAC: The amendment created a new body called the National Judicial Appointments Commission (NJAC) to recommend the appointment of judges.
• Change in Appointment Process: It changed the system of appointing judges to the Supreme Court of India and High Courts of India, making appointments based on the recommendation of the NJAC.
• Composition of the Commission: The NJAC consisted of six members: the Chief Justice of India, two senior Supreme Court judges, the Union Law Minister, and two eminent persons chosen by a committee.
• Role in Judicial Transfers: The commission was also responsible for recommending the transfer of judges and Chief Justices between different High Courts.
• Focus on Merit and Integrity: The NJAC was expected to ensure that only persons with ability, merit, and integrity were recommended for judicial appointments.
• Power of Parliament to Regulate Procedure: Parliament was given the power to make laws to regulate the procedure for judicial appointments and the functioning of the NJAC.
• Amendments in Various Constitutional Articles: Several provisions of the Constitution of India were amended to replace the earlier consultation process with the recommendation of the NJAC.

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99th Constitutional Amendment Act Constitutionality

• In 2015, the Supreme Court of India examined the validity of the 99th Constitutional Amendment Act of India and the National Judicial Appointments Commission Act, 2014 in the case of Supreme Court Advocates-on-Record Association v. Union of India.
• The Court declared both laws unconstitutional and void. It held that the amendment affected the independence of the judiciary, which is an essential part of the Basic Structure Doctrine.
• The Court observed that the National Judicial Appointments Commission (NJAC) reduced the role and importance of the Chief Justice of India and senior judges in judicial appointments. The inclusion of the Law Minister and two eminent persons in the commission could allow political influence in the appointment of judges.
• Another concern was that any two members of the NJAC could veto a recommendation, which might override the opinion of the judges. The Court also pointed out that the method of selecting the “eminent persons” was not clearly defined.
• Therefore, by a 4:1 majority judgment, the Supreme Court of India struck down the amendment and restored the Collegium System for the appointment of judges.

99th Constitutional Amendment Act Case Law

• In Supreme Court Advocates-on-Record Association v. Union of India (2015), the Supreme Court of India declared the 99th Constitutional Amendment Act of India and the National Judicial Appointments Commission Act, 2014 unconstitutional by a 4:1 majority.
• The Court held that the National Judicial Appointments Commission (NJAC) violated the Basic Structure Doctrine, especially the principle of judicial independence. As a result, the Court struck down the NJAC and restored the Collegium System for the appointment of judges.