CONSTITUTION OF INDIAArticle 124A
“
There shall be a Commission to be known as the National Judicial Appointments Commission consisting of — (a) the Chief Justice of India, Chairperson, ex officio; (b) two other senior Judges of the Supreme Court next to the Chief Justice of India, Members, ex officio; (c) the Union Minister in charge of Law and Justice, Member, ex officio; and (d) two eminent persons to be nominated by a committee comprising the CJI, the Prime Minister, and the Leader of Opposition in the Lok Sabha.
mcqquestion.com · Indian Polity⚖️ Exam Edge
⚖️ Article 124A: NJAC
The short-lived National Judicial Appointments Commission.
Art. 124ANational Judicial Appointments Commission
99th AmdtInserted by the 99th Amendment, 2014
MembersCJI, 2 senior SC judges, Law Minister, 2 eminent persons
2015Struck down by the Supreme Court (2015)
CollegiumCollegium system restored
Exam124A was set aside; collegium prevails
💡The trap: Article 124A created the NJAC, but the Supreme Court struck it down in 2015, reviving the collegium.
mcqquestion.comUPSC · CDS · NDA · CAPF · SSC
The NJAC mixed judicial, political, and eminent members — the blend the Supreme Court found to threaten judicial independence in 2015.
🏛️ Must Know
What the NJAC Was
- Article 124ACreated the National Judicial Appointments Commission (NJAC).
- PurposeIt was meant to replace the Collegium for appointing judges.
- Six membersThe NJAC had six members, including the CJI and other senior figures.
- 99th AmendmentArticle 124A was inserted by the 99th Amendment (2014).
- Why the composition matteredIncluding a Law Minister and two lay members meant the executive gained a vote in who becomes a judge — which is exactly why the Court found it unconstitutional.
The One-Year Life
- 31 Dec 2014President assented to the 99th Amendment and the NJAC Act.
- 13 Apr 2015Both laws came into force; Article 124A was inserted.
- 16 Oct 2015The Supreme Court struck down Article 124A, 4:1.
- Why so shortOnce judges saw political members could block their appointments, the Court acted fast — within months — to preserve judicial independence.
🏘️ Good to Know
The Story of the Collegium vs NJAC
- CollegiumThe existing system where judges recommend judge appointments.
- NJAC proposalParliament sought a mixed commission including political members.
- Fourth Judges CaseThe Court struck NJAC down as violating judicial independence.
- So whatIndependence is part of the basic structure.
Why Independence Is Basic Structure
- Basic structureJudicial independence is part of the Constitution’s basic structure.
- ProtectionThe Court protects its own independence from executive encroachment.
- Why it mattersThe 2015 ruling rests on this doctrine.
- So whatAny appointment body that dilutes judicial control risks being struck.
✅ Test Yourself
Work through a 5-question chain on Article 124A and the NJAC, then keep practising with a random Indian Polity question.
⚡ Great to Know
Why It Was Struck Down
- Basic structureThe Court held judicial independence is part of the basic structure.
- Executive rolePolitical members in the NJAC threatened that independence.
- So whatThe Court protected its own appointment independence.
- How to recallNJAC = political role (struck); Collegium = judicial (survived).
- Why it mattersThe 2015 4:1 ruling is the definitive NJAC fact.
🎯 Exam Angle (PYQ & MCQ Traps)
UPSC CSP 2019: Judicial Appointments
- QuestionUPSC and other competitive exams ask about the provisions around judicial appointments — including the NJAC under Article 124A and the collegium.
- WhyThe 99th Amendment (NJAC) was struck down in 2015; the collegium system for appointing judges continues.
- LinkSource: UPSC CSP 2019 (see Q45).
The ‘NJAC Is Current’ Trap
- Trap optionThe NJAC currently appoints Supreme Court judges.
- DistractorIt was enacted, so it feels current.
- Fact testedThe NJAC was struck down in 2015; the Collegium appoints judges.
- Eliminate fastIf an option says the NJAC is in force, it is wrong.
- Try this ruleCollegium appoints; NJAC was struck.
The ’99th Amendment’ Trap
- Trap optionThe 99th Amendment was upheld.
- DistractorThe amendment was enacted.
- Fact testedThe 99th Amendment (inserting 124A) was struck down in 2015.
- Eliminate fastIf an option says it was upheld, it is wrong.
- Try this rule99th Amendment struck down.
📰 Current Affairs
Judicial Appointments Today
- DevelopmentThe Collegium accepted some transparency reforms in 2024.
- Why it mattersAppointment reform remains a live debate.
- So whatExpect it in current judicial-reform questions.
Beyond the answer
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