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

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

The NJAC Act and Ninety-ninth Amendment are unconstitutional as they violate the basic structure of the Constitution by undermining the primacy and independence of the judiciary in the appointment process of judges to constitutional courts.

Source-derived case information.

Parties
Petitioner: Supreme Court Advocates-on-Record Association and Another; Respondent: Union of India
Jurisdiction
India
Judgment Date
16 October 2015
Procedural Posture
Writ Petition (civil) No. 13 of 2015 / Final Judgment
Outcome
allowed
Legal Topics
Appointment of Judges, Constitutional Amendment, Judicial Independence, Separation of Powers
Constitutional Law Judiciary Appointment of Judges Constitutional Amendment Judicial Independence Separation of Powers

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Parties

Supreme Court Advocates-on-Record Association and Another

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) No. 13 of 2015 / Final Judgment

Legal Issues

  1. 1 Validity of the Constitution (Ninety-ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014
  2. 2 Whether the new NJAC scheme violates the basic structure of the Constitution, particularly independence of judiciary and separation of powers

Ratio Decidendi

The NJAC Act and Ninety-ninth Amendment are unconstitutional as they violate the basic structure of the Constitution by undermining the primacy and independence of the judiciary in the appointment process of judges to constitutional courts.

Court Disposition

allowed

Orders

  • The prayer for reference to a larger Bench and reconsideration of the Second and Third Judges cases is rejected.
  • The Constitution (Ninety-ninth Amendment) Act, 2014 is declared unconstitutional and void.