99th Constitutional Amendment Act
🧾 99th Constitutional Amendment Act, 2014
Status: Struck down by the Supreme Court in 2015
📌 Objective of the 99th Amendment
The 99th Constitutional Amendment was enacted to replace the existing collegium system of appointing judges to the Supreme Court and High Courts with a new mechanism called the National Judicial Appointments Commission (NJAC).
The aim was to:
Make the judicial appointments process more transparent, accountable, and inclusive.
Reduce the perceived opacity and elitism of the existing collegium system.
Involve the executive and civil society in the appointment process.
🧱 Constitutional Changes Made
The 99th Amendment made changes to:
Article 124 – Appointment of Supreme Court judges.
Article 217 – Appointment of High Court judges.
Article 222 – Transfer of judges between High Courts.
Inserted Article 124A, 124B, and 124C – for establishing and regulating the NJAC.
⚖️ National Judicial Appointments Commission (NJAC)
Article 124A: Composition of NJAC
The NJAC was to consist of six members:
The Chief Justice of India (CJI) – Chairperson
Two other senior-most judges of the Supreme Court
The Union Law Minister
Two eminent persons to be nominated by a committee consisting of the PM, CJI, and Leader of Opposition in the Lok Sabha
✅ Note: One of the eminent persons had to be from the Scheduled Castes, Scheduled Tribes, OBC, minorities, or women.
Article 124B: Functions of NJAC
Recommend persons for appointment as:
Chief Justice of India
Judges of the Supreme Court and High Courts
Recommend transfers of judges
Ensure the suitability, merit, and integrity of candidates
Article 124C: Power of Parliament
Parliament was empowered to make laws regulating the procedure and functioning of the NJAC.
⚖️ Key Supporting Legislation
National Judicial Appointments Commission Act, 2014 – specified procedures and criteria for selection and rejection of candidates.
❌ Struck Down by Supreme Court: Fourth Judges Case (2015)
Case Name: Supreme Court Advocates-on-Record Association v. Union of India, (2015)
🧑⚖️ Judgment Summary
The Supreme Court, in a 4:1 majority, declared the 99th Amendment and the NJAC Act as unconstitutional and void.
It restored the collegium system of judicial appointments.
✳️ Grounds of Judgment
Violation of Judicial Independence:
The Court held that the NJAC infringed upon the independence of the judiciary, which is part of the Basic Structure of the Constitution.
Eminent Persons Clause:
The inclusion of two eminent persons (potentially non-judicial) with veto power was seen as undermining the primacy of the judiciary.
Executive Involvement:
The presence of the Law Minister in the commission raised concerns about executive interference in judicial appointments.
Lack of Transparency Was Not Justified Enough:
Though the collegium system had its flaws, the solution (NJAC) was considered worse from a constitutional standpoint.
🧑⚖️ Dissenting Opinion (Justice Chelameswar)
He supported the NJAC, criticizing the collegium system as opaque and unaccountable.
Advocated for institutional reform and transparency in judicial appointments.
🔍 Summary Table
| Feature | Collegium System | NJAC (Proposed by 99th Amendment) |
|---|---|---|
| Basis | Judicial precedent | Constitutional amendment |
| Composition | CJI + senior-most SC judges | CJI + 2 SC judges + Law Minister + 2 Eminent persons |
| Transparency | Criticized as opaque | Claimed to increase accountability |
| Executive Role | None | Yes (Law Minister + PM in selection committee) |
| Status | Active | Struck down in 2015 |
📚 Significance of the 99th Amendment Debate
It sparked a nationwide constitutional debate on the separation of powers, judicial independence, and checks and balances.
It emphasized the Basic Structure Doctrine, reaffirming that even constitutional amendments can be struck down if they violate core principles.
The judgment called for reform within the judiciary to make the collegium more transparent.
📌 Current Status
The collegium system continues to be used for appointing judges to the higher judiciary.
Calls for reform and transparency in the appointment process continue from civil society, legal scholars, and former judges.
✅ Conclusion
The 99th Constitutional Amendment Act, 2014 was a significant attempt to reform the judicial appointment process in India by creating the NJAC. However, it was struck down by the Supreme Court for violating the basic structure of the Constitution, particularly the independence of the judiciary. It stands as a critical example of how constitutional amendments are subject to judicial review in India.
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