Q. Consider the following statements:
1. The National Judicial Appointments Commission (NJAC) Act was declared unconstitutional by the Supreme Court as it violated the basic structure of the Constitution.
2. The Supreme Court upheld the primacy of the collegium system following the NJAC judgement.
3. The collegium was expanded to a fivemember body of the Supreme Court in the Third Judges case.
How many of the above given statements are correct?
Exp) Option c is the correct answer.
The Fourth Judges Case (2015) related to 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014.
Statement 1 is correct: In the Fourth Judges Case (2015), the Supreme Court declared the National Judicial Appointments Commission (NJAC) Act as unconstitutional and void. The Court held the Act encroached upon the judiciary’s independence and undermined the basic structure.
Statement 2 is correct: The Supreme Court upheld the primacy of the collegium system of appointment of judges. The court held that NJAC gave the government significant powers to appoint judges which would affect the independence of the judiciary.
Statement 3 is correct: In Third Judges Case (1998), the Supreme Court expanded the collegium to a five-member body to include the CJI and the four senior-most judges of the court after the CJI.
