UPSC Mains Answer: Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India.

Difficulty Level: Hard

Pre-requisite: Timeline of Judicial Appointments in India: 1. Pre-1993: Executive-dominated appointments under Article 124(2) (President in consultation with judges).
2. 1993: Second Judges Case establishes collegium system (judicial primacy).
3. 199

Sub-category: Polity and Governance: Judiciary and Constitutional Amendments

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The Supreme Court’s 2015 judgement in Supreme Court Advocates-on-Record Association v. Union of India struck down the National Judicial Appointments Commission (NJAC) Act, 2014, and the 99th Constitutional Amendment, reinstating the collegium system for appointing judges to the higher judiciary. The Court held that the NJAC, which proposed a six-member body including the Law Minister and two eminent persons, violated the basic structure of the Constitution by compromising judicial independence—a principle enshrined in Article 50 (separation of powers) and reaffirmed in landmark cases like Kesavananda Bharati (1973) and Second Judges Case (1993).
Critically, the judgement underscored that judicial primacy in appointments is essential to prevent executive overreach, citing historical instances of political interference during the Emergency. However, the Court acknowledged the collegium’s opacity and lack of accountability, directing reforms like transparency in appointments and a secretariat for the collegium. While the verdict preserved judicial autonomy, it left unresolved the need for a balanced, merit-based, and transparent mechanism. Future reforms must reconcile independence with accountability to restore public trust in the judiciary.