Q19.Critically examine the Supreme Court’s judgement on ‘The National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India.

The NJAC Act, 2014 (99th Amendment), sought to replace the Collegium system for higher judiciary appointments, which the Supreme Court critically examined.

Arguments for NJAC cited the Collegium's opaqueness and lack of accountability, aiming for greater executive involvement. However, the Supreme Court, by a 4:1 majority, declared the Act unconstitutional. It primarily found NJAC violated the 'basic structure' doctrine, specifically judicial independence. While reinforcing judicial primacy, the judgment also acknowledged the need for Collegium reforms. This sparked debate on judicial overreach versus protecting constitutional principles and separation of powers, leaving the Collegium system intact but under scrutiny.

The ruling, while upholding judicial independence, underscored the imperative for the Collegium to evolve towards enhanced transparency and accountability, ensuring public trust.