Summary of Recent judgment

Case: Supreme Court Advocates-On-Record v Union of India (2015)



Date of Order / Judgment: 31st July, 2024

The Matter Heard by Bench: Justice J.S. Khehar (Chief Justice of India at the time of the judgment), Justice J. Chelameswar, Justice Madan B. Lokur, Justice Kurian Joseph, Justice A.K. Sikri

Background

The Fourth Judges Case (also known as Supreme Court Advocates-on-Record Association v. Union of India [2015]) was a landmark Supreme Court decision addressing the judicial appointment process in India. This case followed the earlier judgments related to the collegium system, which was established to ensure judicial appointments and transfers are managed by the judiciary itself, thereby safeguarding judicial independence. Additionally, the case also involved the constitutionality of the 97th Constitutional Amendment Act of 2011.

Issues
  • 1. Collegium System: Whether the collegium system for the appointment and transfer of Supreme Court and High Court judges required reforms to ensure transparency and accountability while maintaining judicial independence.
  • 2. 97th Constitutional Amendment Act: Whether the 97th Constitutional Amendment Act, which sought to alter the process of judicial appointments by involving the National Judicial Appointments Commission (NJAC), was constitutional and valid.
Judgment:
  • 1. Collegium System: The Supreme Court upheld the collegium system but mandated reforms to increase transparency and accountability. The Court required the collegium to make its decisions and criteria public to improve the process and ensure it operates fairly and transparently.
  • 2. 97th Constitutional Amendment Act: The Court declared the 97th Constitutional Amendment Act unconstitutional. The amendment sought to replace the collegium system with the National Judicial Appointments Commission (NJAC), which would have included members from the executive and legislature. The Court held that this amendment violated the basic structure of the Constitution by compromising the independence of the judiciary. The NJAC, as envisioned in the amendment, was seen as undermining the judiciary’s autonomy and interfering with the appointment process.
Observation:

The Fourth Judges Case reaffirmed the collegium system for judicial appointments and transfers while calling for necessary reforms to enhance its transparency. Additionally, the Court invalidated the 97th Constitutional Amendment Act, thereby rejecting the proposed NJAC model and preserving the existing collegium system as a means of ensuring judicial autonomy and independence in India.