The National Judicial Appointments Commission Bill, 2014
The Bill has been introduced in conjunction with the Constitutional (121st Amendment) Bill, 2014, which establishes the National Judicial Appointments Commission (NJAC)
Proposed NJAC Bill
The NJAC will replace the Collegium system. The NJAC will consist of 6 members: Chief Justice of India, two Supreme Court Judges, Law Minister of India, two eminent persons.
• The two eminent persons will be appointed by CJI, Prime Minister and the leader of Opposition. (One of the eminent citizens will be nominated from among the SC/ST, OBC, minorities or women.)
• If 2 of the 6 members oppose a name, then it should not be recommended.
Ok now before moving further let us look at how Collegium system was evolved
The collegium is a system under which judges of the Supreme Court and High Court are appointed and transferred
by a forum comprising of the Chief Justice of India, along with four senior-most judges of the Supreme Court.
The collegium system came into force based on three different judgements of the Supreme Court, popularly known as the “Three Judges Case”.
First Judges Case (The 1981, S.P. Gupta Vs. Union Of India case)
In this case it was held that the opinion of the executive should have primacy regarding
Second Judges Case (S.C. Advocates on-record Association Vs. Union of India 1993 case)
The decision in ‘S.P. Gupta case’ was overruled and was held that, the opinion of Chief Justice of India has primacy in the appointment of judges. In this case the Supreme Court has made it clear that, the appointment has to be done in consultation with a collegium of judges of the Supreme Court. The collegiums should consist of the Chief Justice of India and two senior-most judges of the Supreme Court.
The third judge case (which is exactly not a case but a presidential reference)
In this the apex court held that the collegium should consist of the Chief Justice of India and four senior-most judges...