DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

2020-21

SYNOPSIS [ BASICS OF LEGISLATIONS ]

TITLE- NATIONAL JUDICIAL APPOINTMENTS COMMISSION

SUBMITTED BY - SUBMITTED TO –

Anurag Rai Dr. Shashank Shekhar Sir

Enrollment no. – 200101030 Assistant Professor

B.A.L.L.B ( hons.) 1st Semester ( Basics Of Legislations )

Section ‘A’

1. INTRODUCTION
 The Collegium System which is followed in our country for the appointments of the
judges of Supreme Court and the High Courts came into existence in 1993. In this
system, the Chief Justice of India, along with four other judges of the Supreme Court,
decides the judicial appointments & their transfers. The system has no provision in our
Constitution. It has no process to deal with a complaint against a particular judge
involved in corruption and bias. The National Judicial Appointments Commission was
planned to make this process of appointment of judges more transparent. The judges were
ought to be selected by the commission members drawn from the judiciary, legislature
and civil society. National Judicial Appointments Commission (NJAC) was a proposed
body which would have been responsible for the appointment and transfer of judges to
the higher judiciary in India. The Commission was established by amending the
Constitution of India through the ninety-ninth constitution amendment with the
Constitution (Ninety-Ninth Amendment) Act, 2014. It would have replaced the collegium
system for the appointment of judges. Therefore, with this project we will try to
understand the background, merits and demerits of National Judicial Appointments
Commission (NJAC).

2. RESEARCH METHODOLOGY
For this project Doctrinal method will be used. Will go through various articles, websites
& Research papers and will try to find which is more suitable to be implemented in
India, collegium system or NJAC.

3. TENTATIVE CHAPTERIZATION

 ABOUT NJAC

 HISTORY BEHIND NJAC IN INDIA

 NJAC VS. COLLEGIUM SYSTEM IN INDIA

 JUDICIAL APPOINTMENTS IN SOME OTHER COUNTRIES

 IMPORTANCE OF NJAC IN INDIA

 CONCLUSION
4. REFERENCES

 WEBSITES
 https://www.supremecourt.uk/about/appointments-of-justices.html
 https://indianexpress.com/article/explained/us-sc-judges-are-appointed-
justice-baders-seat-6607940/
 https://www.indiatvnews.com/news/india/njac-vs-collegium-system-
judges-appointment-different-countries-55350.html

 RESEARCH PAPERS
 Prannv Dhawan, Reform that you may preserve : Rethinking the judicial
appointments conundrum , Jun 15, 2020

 Neelakshi Gupta & Debayan Gangopadhyay, National Judicial

Appointments Commission: An Imperium In Imperio?

 Satyam Rathore & Ankita Rituraj, National Judicial Appointments

Commission an analysis of NJAC’s effect on judicial independence in
India.

 Taylor Francis, Indian Law Review, 16 March 2018, available online:

http://www.tandfonline.com/10.1080/24730580.2018.1443692