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. (Answer in 150 words)

The Supreme Court struck down the Ninety-Ninth Constitutional Amendment and NJAC Act in 2015, restoring the collegium system for higher judicial appointments.

• By a 4:1 majority, the Court treated judicial independence as part of the Constitution’s basic structure.
• Inclusion of the Law Minister and two eminent persons was held capable of enabling executive or majoritarian influence.
• The judgment protected institutional impartiality, but relied on a broad conception of judicial primacy.

The collegium avoids direct political capture but lacks transparency, objective criteria, diversity and an effective complaints process. The Court’s review of a constitutional amendment also raises separation-of-powers concerns. Reform should retain judicial independence while adding a transparent secretariat, recorded reasons, measurable eligibility criteria and parliamentary accountability without executive veto.

Basic structure; judicial independence; collegium; separation of powers; transparency; constitutional accountability.