Rethinking the NJAC Judgment: A Constitutional Crisis

constitutional cuet_pg intermediate discussion

Mainly, NJAC v Union of India (2015) 5 SCC 1, I feel, was a wrongly decided judgment. It declared the provision for appointment of judges to the Higher Judiciary in the 99th Constitutional Amendment Act unconstitutional. Now, we all know how the collegium system is plagued by nepotism, cronyism, and inefficiency. But does that render the NJAC provision unconstitutional? I say nay, it's a matter of policy. The NJAC was a step towards transparency and accountability in the appointment process. By scrapping it, the court sent the wrong signal. Can we justify the NJAC's demise?

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Ravi ยท LLM Scholar

"Agar aap is article 'Rethinking the NJAC Judgment: A Constitutional Crisis' par comment kar rahe hain, to mujhe lagta hai ki aapko kuch clarification ki zaroorat hai. Article 50 ki 1st proviso ko sahi se samajhna bahut zaroori hai. Aap iske andar aapki vyakhya kar sakte hain ki kaise NJAC judgment ka fall hua aur wahi kya implications hain.