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NJAC vs Collegium: How India’s Judicial Appointment Battle Unfolded

📅 Last updated: 7 November 2026📖 25 dated entries, 1973 to 2026✎ By Nazish Fatima

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In short

Explore the NJAC timeline, from the 99th Constitutional Amendment in 2014 to the Supreme Court's 4:1 verdict in 2015 and the continuing collegium debate.

Latest Story

Who should choose India’s judges? For more than three decades the answer has been other judges. In 2014 Parliament tried to change that, almost unanimously, by creating a six-member commission on which the Law Minister and two eminent persons would sit beside the three senior-most judges. Before it recommended a single name, the Supreme Court struck it down. This NJAC timeline traces the fight from the supersession of judges in the 1970s and the three Judges Cases, through the 99th Constitutional Amendment and the 4:1 verdict of 16 October 2015, to the unfinished argument over how the collegium should work.

💡 Short Answer

The NJAC was a six-member commission created by the 99th Constitutional Amendment and the NJAC Act, 2014, to appoint judges in place of the collegium. It came into force on 13 April 2015 but never functioned. On 16 October 2015 a five-judge Supreme Court bench struck both laws down 4:1 for undermining judicial independence, and restored the collegium, which still appoints judges in 2026.

⚡ The NJAC at a Glance
Created by99th Amendment + NJAC Act, 2014
Assent31 Dec 2014, Pranab Mukherjee
In force13 Apr 2015, never met
Members3 judges, Law Minister, 2 eminent persons
Struck down16 Oct 2015, 4:1
DissentJustice J. Chelameswar
⚡ Quick Answers — AI Overview Ready

NJAC: Key Questions

What was the NJAC?
A National Judicial Appointments Commission of six members: the Chief Justice of India, two senior-most Supreme Court judges, the Law Minister and two eminent persons. It was meant to recommend Supreme Court and High Court judges in place of the collegium.
Why did the Supreme Court strike it down?
The majority held it violated judicial independence, part of the basic structure, because the judges could be outvoted and any two members, including the Law Minister, could veto a candidate.
What was the verdict?
4:1, on 16 October 2015. Justices Khehar, Lokur, Kurian Joseph and Goel formed the majority. Justice Chelameswar dissented and criticised the collegium as opaque.
Is the NJAC coming back?
Not as of November 2026. A review was dismissed in 2018, a 2024 revival petition was refused, and the government told the Rajya Sabha in 2025 only that the laws had been struck down.
📚 Key Takeaways

The Battle in Ten Points

  • The backdrop: the government superseded senior judges for Chief Justice in 1973 and 1977.
  • 1981: the First Judges Case gave the executive the upper hand in appointments.
  • 1993: the Second Judges Case gave the Chief Justice and senior judges primacy.
  • 1998: the Third Judges Case fixed the five-member Supreme Court collegium.
  • August 2014: Parliament passed the 99th Amendment with near-unanimous support.
  • The design: three judges, the Law Minister, two eminent persons, and a two-member veto.
  • April 2015: in force on paper; the Chief Justice stayed away and it never met.
  • 16 October 2015: struck down 4:1 on the basic structure doctrine.
  • The unfinished part: a revised Memorandum of Procedure has never been agreed.
  • Since then: review dismissed in 2018, revival refused in 2024, and the argument goes on.

Timeline: From Supersession to the Collegium Today

Newest first. Colour shows which phase of the dispute each event belongs to.

The debate continuesVerdict and aftermathThe NJAC law and challengeThe Judges CasesSupersessions, 1973-77

Where things stand: the collegium still decides The debate continues

Status as of 7 November 2026Supreme Court records and published reports

The law: The Supreme Court’s judgment of 16 October 2015 striking down the 99th Constitutional Amendment and the NJAC Act remains in force. A review petition was dismissed in 2018, and a 2022 writ petition seeking to revive the NJAC was refused by the Registry in 2024.

The practice: Judges of the Supreme Court and High Courts are still recommended by the collegium of senior judges, with the government processing the recommendations. The Memorandum of Procedure the court asked to be revised in 2015 has, on published accounts, still not been finalised.

Parliament has not passed a new appointments law since 2015, and the government has not said it will bring one.

A fresh plea to finalise the Memorandum of Procedure The debate continues

Supreme Court of IndiaBar & Bench, 2 November 2026

The plea: A petition asked the court to direct the Chief Justice of India and the Union government to finalise the Memorandum of Procedure for appointing High Court and Supreme Court judges, and to bring collegium decisions under the Right to Information Act.

The hearing: When it came up before Justices P.S. Narasimha and Alok Aradhe, Justice Narasimha recused himself from the case, Bar & Bench reported.

Eleven years after the NJAC verdict, the procedure it asked for is still being litigated.

A sitting judge criticises collegium secrecy The debate continues

Justice Ujjal Bhuyan, Supreme CourtLiveLaw

What he said: Justice Ujjal Bhuyan said that by not giving reasons for its choices, the collegium was doing a disservice to judges doing good work, according to LiveLaw’s report of his remarks.

Why it matters: Criticism of the collegium’s opacity usually comes from the government or the Bar. This came from a member of the court whose own judges sit on it.

The point echoed Justice Chelameswar’s 2015 dissent, which called the collegium’s working opaque.
3 Apr 2025

The government restates its position in Parliament The debate continues

Law Minister Arjun Ram MeghwalWritten reply, Rajya Sabha; PTI

The answer: In a written reply, the Law Minister said the 99th Amendment and NJAC Act, in force from 13 April 2015, had been declared unconstitutional and void, and that the collegium system as it existed before them was declared operative. He described the aim of the laws as a more broad-based, transparent and accountable appointment mechanism.

What it left out: PTI reported that he was silent on whether the government would bring the NJAC bill back. He described continuing contact with the collegium on the Memorandum of Procedure.

The reply came within weeks of the Justice Yashwant Varma cash row, which had revived calls for the NJAC.

The Justice Varma cash row revives the NJAC debate The debate continues

Delhi High Court; Supreme Court collegiumRajya Sabha; published reports

The trigger: Currency was reported found at the official residence of Delhi High Court judge Yashwant Varma after a fire in March 2025. The collegium transferred him to the Allahabad High Court and an in-house inquiry followed.

The debate: Rajya Sabha Chairman Jagdeep Dhankhar used the episode to argue again that Parliament’s NJAC law should not have been struck down. Opposition parties were wary of reviving it.

Our Justice Varma cash row timeline tracks that case in full.
7-8 Dec 2022

Vice-President attacks the verdict; the court replies The debate continues

Rajya Sabha; Supreme Court benchPublished reports

The speech: In his first address as Rajya Sabha Chairman on 7 December 2022, Jagdeep Dhankhar called the 2015 judgment a severe compromise of parliamentary sovereignty and the mandate of the people.

The response: The next day a Supreme Court bench hearing a plea on delays in appointments said, without naming anyone, that the collegium system was the law of the land and had to be followed. Law Minister Kiren Rijiju had criticised the collegium as opaque in the preceding weeks.

It was the sharpest open clash over appointments between the executive and the court since 2015.
24 Apr 2024

Registry refuses a petition to bring back the NJAC The debate continues

Supreme Court RegistryMathews J. Nedumpara v. Chief Justice of India, W.P.(C) 1005 of 2022

The petition: Advocate Mathews J. Nedumpara and others asked the court to abolish the collegium and declare the 2015 verdict void.

The refusal: The Registrar declined to receive it under Order XV Rule 5 of the Supreme Court Rules, 2013, holding that it repeated questions the Constitution Bench had already decided and noting that a review had been dismissed in 2018.

A Registry refusal can be challenged before a judge within 15 days. The 2015 verdict was not reopened.
27 Nov 2018

Review petition dismissed in chambers Verdict and aftermath

Supreme Court, five judgesCJI Ranjan Gogoi; Lokur, Kurian Joseph, Khanwilkar, Ashok Bhushan JJ

The petition: The National Lawyers’ Campaign for Judicial Transparency and Reforms asked the court to review the 2015 judgment. It was considered in chambers, by circulation, without oral arguments.

The order: The bench held that the petition was 470 days late with no satisfactory explanation, which was enough to dismiss it, and that it also found no merit in it.

The order was dated 27 November and reported on 1 December 2018. Two of the five judges, Lokur and Kurian Joseph, had been in the 2015 majority.

The collegium starts publishing its decisions Verdict and aftermath

Supreme Court collegiumResolution of 3 October 2017

The change: The collegium under Chief Justice Dipak Misra resolved to put its recommendations on the Supreme Court’s website, with brief reasons, to make the process more transparent.

The limits: Published resolutions give conclusions rather than the full material behind them, and the practice of stating reasons has varied over the years.

The resolutions page is still the main public record of who the collegium recommends.
2016-17

Government and judges deadlock over the procedure Verdict and aftermath

Ministry of Law and Justice; collegiumPublished reports

The dispute: Drafts of a revised Memorandum of Procedure went back and forth. Reported sticking points included the government’s wish to reject candidates on grounds of national security or public interest, and how a secretariat and complaints process would work.

The result: The collegium is reported to have sent its draft in March 2017. The two sides did not agree a final text.

Appointments continued under the old procedure throughout.
16 Dec 2015

The court asks for a new Memorandum of Procedure Verdict and aftermath

Supreme Court Constitution BenchOrder on improving the collegium

The order: After hearing suggestions on 3-5 November 2015, the bench said the government could finalise the existing Memorandum of Procedure by supplementing it in consultation with the Chief Justice of India.

The topics: It listed eligibility criteria, transparency in the appointment process, a secretariat, and a mechanism for complaints against candidates.

The court chose not to write the procedure itself. It left the drafting to the government and the Chief Justice.

The court invites ideas to improve the collegium Verdict and aftermath

Supreme Court Constitution BenchHearings, 3-5 November 2015

The hearing: Having restored the collegium, the same five judges heard the government, the Bar and others on how it could work better.

The ideas: Suggestions ranged from published eligibility criteria and a permanent secretariat to a way of handling complaints about candidates.

The suggestions were compiled for the bench, which ruled on them six weeks later.
16 Oct 2015

The Supreme Court strikes down the NJAC, 4:1 Verdict and aftermath

Supreme Court Advocates-on-Record Association v. Union of IndiaKhehar, Lokur, Kurian Joseph, Goel JJ; Chelameswar J dissenting

The ruling: The majority declared the Constitution (99th Amendment) Act, 2014 and the NJAC Act, 2014 unconstitutional and void, holding that they violated judicial independence, a part of the basic structure. The collegium system as it stood before the amendment was declared operative again.

The reasoning: Justice Khehar wrote the lead opinion. The majority objected chiefly to the judges being outnumbered or outvoted: the Law Minister’s membership, the two eminent persons, and the rule that any two members could block a recommendation.

The dissent: Justice J. Chelameswar would have upheld the amendment. He said primacy of the judiciary was not the only way to protect independence and criticised the collegium’s lack of transparency.

Each majority judge wrote separately, and several conceded the collegium needed fixing.
15 Jul 2015

Judgment reserved after weeks of argument The NJAC law and challenge

Supreme Court Constitution BenchBar & Bench; IANS

The argument: The petitioners said the NJAC let the executive and non-judges control who became a judge. The Union argued Parliament could change the method by amendment and that the collegium was opaque. The government also asked for the 1993 and 1998 judgments to be reconsidered by a larger bench; the court did not refer them.

The order: The bench reserved its judgment on 15 July and extended the terms of High Court additional judges until it ruled.

Bar & Bench called it the most important case argued in the country in two decades.

A bench reshuffle and a recusal fight The NJAC law and challenge

Supreme CourtHearing from 15 April 2015

The first change: On the first day, Fali S. Nariman objected that Justice Anil R. Dave had become an ex officio NJAC member. Justice Dave stepped aside and Justice J.S. Khehar was named to preside.

The second fight: The petitioners then asked Justice Khehar to recuse because he was in line for the collegium. The other four judges said there was no legal reason for him to step down, and he stayed.

Justice Khehar had told the Chief Justice he would not take part in collegium or NJAC work until the case was decided.
13 Apr 2015

The NJAC comes into force but never meets The NJAC law and challenge

Union government notification99th Amendment and NJAC Act

The commission: Six members: the Chief Justice of India as chair, the next two senior-most Supreme Court judges, the Union Law Minister, and two eminent persons chosen by the Prime Minister, the Chief Justice and the Leader of the Opposition, or the leader of the largest opposition party in the Lok Sabha.

What happened: Chief Justice H.L. Dattu reportedly declined to take part in its meetings while the challenge was pending, and the two eminent persons were never chosen. The commission did not make a single recommendation.

The brief this page began from said the NJAC “became operational”. It came into force on paper only.
7 Apr 2015

Challenge sent to a Constitution Bench The NJAC law and challenge

Supreme Court, three judgesDave, Chelameswar, Lokur JJ

The petitions: The Supreme Court Advocates-on-Record Association, Bar bodies and others challenged both the amendment and the NJAC Act after they received assent.

The order: The three-judge bench referred the case to a larger bench under Article 145(3), which requires at least five judges for substantial questions of constitutional interpretation, and refused to stay the law.

Earlier petitions filed in August 2014, before assent, had been turned away as premature.
31 Dec 2014

The President signs both laws The NJAC law and challenge

President Pranab MukherjeeAfter ratification by 16 state legislatures

The assent: As a change to the federal judiciary, the amendment needed ratification by half the states. Sixteen of 29 legislatures ratified it, and the President signed both the amendment and the NJAC Act on 31 December 2014.

The design: The amendment inserted Articles 124A to 124C into the Constitution, creating the commission and letting Parliament regulate its procedure by law.

The two laws were not notified for another three and a half months.
13-14 Aug 2014

Parliament passes the 99th Amendment The NJAC law and challenge

Lok Sabha, 13 August; Rajya Sabha, 14 AugustModi government, Law Minister Ravi Shankar Prasad

The vote: The Lok Sabha passed the Constitution (121st Amendment) Bill, which became the 99th Amendment, on 13 August 2014. The Rajya Sabha passed it the next day with a single member abstaining. The NJAC Bill passed alongside it.

The pitch: The government presented it as a more broad-based, transparent and accountable way to choose judges, replacing a system no statute had created.

Few constitutional amendments have passed with such lopsided support, which is why the verdict against it was so contested.
2000s-2013

Criticism of the collegium grows The Judges Cases

Law Commission; Bar; governmentPublished commentary

The complaints: No published criteria for selection, no permanent secretariat, little disclosure of reasons, uneven assessment of candidates, and no clear process for complaints.

The defence: Supporters said the alternative was letting the government choose the judges who rule on its own cases, which the supersessions of the 1970s had shown was a real danger.

A previous attempt, the Judicial Appointments Commission Bill, 2013, was introduced by the UPA government but lapsed with the Lok Sabha.
28 Oct 1998

Third Judges Case fixes the collegium’s shape The Judges Cases

In re Special Reference 1 of 1998Nine-judge bench

The reference: President K.R. Narayanan asked the court, under Article 143, to clarify how its 1993 ruling should work in practice.

The opinion: For the Supreme Court, the Chief Justice must consult the four senior-most judges, and their collective opinion governs. For High Courts, the Chief Justice of India and the two senior-most Supreme Court judges form the collegium.

The word “collegium” does not appear in the Constitution. It is a creation of these judgments.
6 Oct 1993

Second Judges Case gives judges the last word The Judges Cases

Supreme Court Advocates-on-Record Association v. Union of IndiaNine-judge bench

The ruling: The court overruled S.P. Gupta and held that in appointments the opinion of the Chief Justice of India, formed after consulting senior colleagues, has primacy. “Consultation” in Articles 124 and 217 effectively meant concurrence.

The result: It laid the foundation of the collegium, and made seniority the normal rule for choosing the Chief Justice of India.

The same association’s name heads the 2015 NJAC case, 22 years later.
30 Dec 1981

First Judges Case gives the executive primacy The Judges Cases

S.P. Gupta v. Union of IndiaSeven-judge bench

The ruling: The court held that “consultation” with the Chief Justice did not mean concurrence. The government could appoint against the Chief Justice’s advice for “cogent reasons”.

The effect: For the next 12 years the executive had the upper hand in choosing and transferring judges.

The case is also called the Judges’ Transfer case; it began with challenges to transfers of High Court judges.
29 Jan 1977

Justice Beg superseded Justice Khanna Supersessions, 1973-77

Indira Gandhi government, during the EmergencyH.R. Khanna resigned

The appointment: M.H. Beg was sworn in as the 15th Chief Justice of India, passing over H.R. Khanna, the senior-most judge.

The reason given by history: Justice Khanna had been the lone dissenter in ADM Jabalpur in April 1976, holding that the right to life could not be suspended in the Emergency. He resigned after being superseded.

Khanna’s dissent is now treated as correct law; the Puttaswamy privacy judgment of 2017 said ADM Jabalpur was wrongly decided.
25 Apr 1973

Three judges passed over for Chief Justice Supersessions, 1973-77

Indira Gandhi governmentA day after the Kesavananda Bharati judgment

The appointment: A.N. Ray was named Chief Justice of India over three more senior judges, J.M. Shelat, K.S. Hegde and A.N. Grover, all of whom resigned.

The context: The three had been in the majority in Kesavananda Bharati, decided on 24 April 1973, which held that Parliament cannot amend the Constitution’s basic structure. Ray had been in the minority.

Accounts differ on whether he took office on 25 or 26 April 1973. The announcement came on 25 April.

How the NJAC Was Supposed to Work

Six seats, three of them for judges.

The six members of the National Judicial Appointments Commission: the Chief Justice of India as chairperson, the two next senior-most Supreme Court judges, the Union Law Minister, and two eminent persons chosen by the Prime Minister, the Chief Justice of India and the Leader of the Opposition; any two members could veto a recommendation
Three judges, one minister, two eminent persons.
MemberRole on the commission
Chief Justice of IndiaChairperson
Two senior-most Supreme Court judgesJudicial members
Union Minister of Law and JusticeExecutive member
Two eminent personsNon-judicial members, three-year term; one to be from the SC, ST, OBC, minority communities or a woman
Selection committee for eminent personsPrime Minister, Chief Justice of India, Leader of the Opposition or leader of the largest opposition party in the Lok Sabha

The feature that decided the case was a single sentence in the NJAC Act: the commission could not recommend a person if any two members did not agree. In practice that meant the three judges could support a candidate and still lose to the Law Minister and one eminent person, or to the two eminent persons acting together. Supporters said that was the point, a check on judges choosing their own successors. The petitioners said it handed a veto over the judiciary’s composition to people outside it, one of them a member of the government that is the largest litigant before the courts.

Why the Supreme Court Struck Down the NJAC

Four judges against, one in favour.

The five-judge NJAC bench on 16 October 2015: Justice J.S. Khehar, who wrote the lead opinion, Justice Madan B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel in the majority holding the 99th Amendment and NJAC Act unconstitutional; Justice J. Chelameswar dissenting
The verdict that restored the collegium.

The majority, 4 judges

  • Judicial independence is part of the basic structure.
  • Judicial primacy in appointments is part of that independence.
  • Judges on the NJAC could be outvoted by non-judges.
  • The Law Minister’s seat and the two-member veto went too far.

The dissent, Justice Chelameswar

  • Primacy of judges is not the only way to protect independence.
  • Parliament may redesign the appointments process.
  • The collegium’s working is opaque and unaccountable.
  • The amendment should have been upheld.

The judgment ran to more than a thousand pages, with each majority judge writing separately. Their common ground was narrow but decisive: an appointments body on which the judiciary does not have the final say is incompatible with judicial independence, and the 99th Amendment, by its design, took that final say away. The court did not hold that judges must work in secret or that the collegium was beyond criticism. Several of the majority opinions accepted that it needed reform, which is why the same bench sat again in November 2015 to hear proposals for improving it. The binding result, though, is the majority’s: the NJAC is void, and the collegium, as it existed before the amendment, is the law.

The Three Judges Cases

How the balance moved from the government to the judges.

How the three Judges Cases moved the balance in judicial appointments: First Judges Case, S.P. Gupta, 30 December 1981, executive primacy; Second Judges Case, 6 October 1993, Chief Justice of India primacy and the start of the collegium; Third Judges Case, 28 October 1998, Chief Justice plus four senior-most judges for the Supreme Court; NJAC 2014 attempted to bring the executive back; 16 October 2015 collegium restored
From executive primacy to the collegium.

Article 124 says Supreme Court judges are appointed by the President “after consultation” with the Chief Justice and such other judges as the President thinks necessary. Everything in this story is an argument about what “consultation” means. In 1981 the court said it meant just that, consultation, leaving the government free to disagree. In 1993 it read it as giving the Chief Justice’s collective opinion primacy, and in 1998 it spelled out who must be consulted. The supersessions of 1973 and 1977, when the government passed over senior judges who had ruled against it, are the history that persuaded the court to read the text that way.

NJAC vs Collegium: What Was the Difference?

NJAC vs collegium compared: the collegium rests on Supreme Court judgments, is made up of senior judges only, gives the executive a processing role and has no two-member veto; the NJAC rested on the 99th Amendment and NJAC Act, included three judges, the Law Minister and two eminent persons, and allowed any two members to block a recommendation
Same goal, different hands on the decision.
FeatureCollegium systemNJAC proposal
Legal basisSupreme Court judgments of 1993 and 199899th Constitutional Amendment and NJAC Act, 2014
Who decidesChief Justice and four senior-most judges (Supreme Court)Three judges, the Law Minister and two eminent persons
Executive roleProcesses names; can return a name onceLaw Minister is a voting member
VetoNo veto outside the collegiumAny two members can block a name
TransparencyResolutions published since October 2017Procedure to be set by regulations, never framed
StatusOperativeStruck down, 16 October 2015

After the Verdict: The Argument That Did Not End

2015 to 2026.

Attempts to revisit the NJAC after 2015: Memorandum of Procedure order 16 December 2015; collegium draft reported March 2017; collegium resolutions published from 3 October 2017; review petition dismissed 27 November 2018; Vice-President Dhankhar speech 7 December 2022; Registry refused revival petition 24 April 2024; Rajya Sabha reply 3 April 2025; plea to finalise the procedure reported November 2026
Eleven years on, the procedure is still unfinished.
Courts

Closed

  • Review dismissed, 2018.
  • Revival petition refused, 2024.
  • Verdict still binding.
Procedure

Open

  • MoP revision ordered, 2015.
  • No agreed text since.
  • Fresh plea, 2026.
Politics

Simmering

  • Dhankhar, 2022 and 2025.
  • Varma cash row, 2025.
  • No new bill.

The legal challenge to the verdict is effectively over: the review was dismissed for delay and on merits, and the Registry has treated later petitions as attempts to reopen a settled question. What remains open is the part the court left to the government and the Chief Justice to finish, the revised Memorandum of Procedure, and the political argument. That argument flares whenever a controversy touches the judiciary, as it did when Vice-President Jagdeep Dhankhar attacked the verdict in December 2022 and again after cash was reported found at Justice Yashwant Varma’s residence in 2025. Each time the government has stopped short of a new law.

The NJAC from Parliament to the Supreme Court: Lok Sabha passed the 99th Amendment 13 August 2014; Rajya Sabha 14 August 2014; President signed 31 December 2014; referred to a Constitution Bench 7 April 2015; in force 13 April 2015; Justice Dave stepped aside 15 April; judgment reserved 15 July; struck down 16 October 2015
Fourteen months from Parliament to the verdict.

Why the NJAC Controversy Matters

Independence

Who controls the courts

The ruling keeps the government, India’s biggest litigant, from deciding who sits on the bench that hears its cases.

Accountability

Who checks the judges

It also left a self-selecting body without published criteria, which judges, lawyers and governments have all criticised.

Parliament

Limits on amendment

A near-unanimous constitutional amendment was struck down under the basic structure doctrine, one of its most significant uses.

Citizens

Trust in the courts

How judges are chosen shapes public confidence in the courts that protect fundamental rights.

The central question has not moved since 2015: how can India make judicial appointments more transparent and accountable without giving the executive control over the judiciary? The NJAC answered it one way and the court rejected that answer. No alternative has been agreed since.

Explore More Timelines

People Also Ask

Why was the NJAC struck down?
Because the Supreme Court majority held that it undermined the independence of the judiciary, part of the Constitution's basic structure. The judges on the commission could be outvoted, the Law Minister sat on it, and any two members, including the two eminent persons, could block a recommendation.
Can the NJAC be brought back?
Not in the same form without overturning the 2015 judgment. Parliament could pass a differently designed law, which would face fresh judicial review, or the court could revisit its ruling in a later case. The review petition was dismissed in 2018, and the government has not announced a new bill.
Who dissented in the NJAC case?
Justice J. Chelameswar. He would have upheld the 99th Amendment, holding that judicial primacy was not the only way to secure independence, and he criticised the collegium for being opaque and unaccountable.
Is the collegium system in the Constitution?
No. The Constitution says judges are appointed by the President after consultation with the Chief Justice and other judges. The collegium was created by the Supreme Court's interpretation of that text in the Second Judges Case of 1993 and the Third Judges Case of 1998.

Frequently Asked Questions

Dated facts from the judgments, parliamentary records and contemporary reports, 1973 to 2026.

What is the NJAC?
The National Judicial Appointments Commission was a six-member body created by the 99th Constitutional Amendment and the NJAC Act, 2014, to recommend appointments and transfers of Supreme Court and High Court judges in place of the collegium. The Supreme Court struck it down in October 2015.
What is the full form of NJAC?
National Judicial Appointments Commission.
Who were the members of the NJAC?
The Chief Justice of India as chairperson, the two next senior-most Supreme Court judges, the Union Minister of Law and Justice, and two eminent persons. The eminent persons were to be chosen by the Prime Minister, the Chief Justice of India and the Leader of the Opposition, or the leader of the largest opposition party in the Lok Sabha.
What was the two-member veto in the NJAC?
The NJAC Act said the commission could not recommend a person if any two of its six members disagreed. Critics said this let the Law Minister and one eminent person, or the two eminent persons together, block candidates the three judges supported.
What was the 99th Constitutional Amendment?
The Constitution (Ninety-Ninth Amendment) Act, 2014. It inserted Articles 124A, 124B and 124C to create the NJAC and changed Articles 124, 217, 222 and others so that appointments and transfers ran through the commission instead of the collegium.
When did Parliament pass the NJAC law?
The Lok Sabha passed the amendment bill on 13 August 2014 and the Rajya Sabha on 14 August 2014. After 16 state legislatures ratified it, President Pranab Mukherjee signed it and the NJAC Act on 31 December 2014.
When did the NJAC come into force?
On 13 April 2015, when the government notified both the 99th Amendment and the NJAC Act. The commission never met to recommend anyone before it was struck down.
Why did the NJAC never function?
Chief Justice H.L. Dattu reportedly declined to take part in its work while the constitutional challenge was pending, and the two eminent persons were never selected. With the chair absent and two seats empty, the commission could not operate.
When was the NJAC judgment delivered?
On 16 October 2015, by a five-judge Constitution Bench in Supreme Court Advocates-on-Record Association v. Union of India.
Who were the judges in the NJAC case?
Justices J.S. Khehar, J. Chelameswar, Madan B. Lokur, Kurian Joseph and Adarsh Kumar Goel. Four formed the majority; Justice Chelameswar dissented.
Who wrote the main NJAC judgment?
Justice J.S. Khehar wrote the lead majority opinion. Justices Lokur, Kurian Joseph and Goel each wrote separately while agreeing that the amendment and Act were unconstitutional.
What was the NJAC verdict ratio?
4:1. Four judges held the 99th Amendment and NJAC Act unconstitutional; one judge, Justice Chelameswar, would have upheld them.
What did the NJAC judgment restore?
The collegium system as it existed before the 99th Amendment, based on the Second and Third Judges Cases.
Was the collegium criticised in the NJAC judgment itself?
Yes. Several majority judges accepted that the collegium needed reform, and the court held further hearings in November 2015 on improving it. The dissent was sharper, calling its working opaque.
What is the Memorandum of Procedure?
The document, agreed between the government and the judiciary, that sets out step by step how recommendations for judicial appointments are initiated, processed and notified. The existing version dates from the late 1990s.
What did the Supreme Court order on 16 December 2015?
That the government could finalise the Memorandum of Procedure by supplementing it in consultation with the Chief Justice of India, covering eligibility criteria, transparency, a secretariat and a complaints mechanism.
Has the new Memorandum of Procedure been finalised?
Not on published accounts. Drafts were exchanged from 2016, the collegium reportedly sent its version in March 2017, and the issue was still being raised in Parliament in 2025 and in a Supreme Court petition reported in November 2026.
Was there a review of the NJAC judgment?
Yes. A review petition by the National Lawyers' Campaign for Judicial Transparency and Reforms was dismissed on 27 November 2018 by a five-judge bench led by Chief Justice Ranjan Gogoi, for a 470-day delay and on merits.
What happened to the 2024 petition to revive the NJAC?
On 24 April 2024 the Supreme Court Registry refused to receive Mathews J. Nedumpara's petition seeking abolition of the collegium, saying the issues had been decided by the Constitution Bench and the review had already been dismissed.
What were the three Judges Cases?
S.P. Gupta v. Union of India (1981), which gave the executive primacy; Supreme Court Advocates-on-Record Association v. Union of India (1993), which gave primacy to the Chief Justice and senior judges; and the 1998 Presidential Reference, which fixed the collegium's composition.
What did the First Judges Case decide?
Decided on 30 December 1981, S.P. Gupta held that consultation with the Chief Justice did not mean concurrence, so the government could appoint judges against the Chief Justice's advice for cogent reasons.
What did the Second Judges Case decide?
On 6 October 1993 a nine-judge bench overruled S.P. Gupta and held that the Chief Justice of India's opinion, formed collectively with senior judges, has primacy in appointments.
What did the Third Judges Case decide?
On 28 October 1998, answering a reference from President K.R. Narayanan, the court said the Chief Justice must consult the four senior-most Supreme Court judges for Supreme Court appointments and the two senior-most for High Court appointments.
What was the supersession of judges in 1973?
On 25 April 1973, a day after the Kesavananda Bharati judgment, the government named A.N. Ray Chief Justice of India over three senior judges, J.M. Shelat, K.S. Hegde and A.N. Grover, who all resigned.
What was the 1977 supersession?
In January 1977 M.H. Beg became Chief Justice of India over H.R. Khanna, who had dissented in ADM Jabalpur during the Emergency. Khanna resigned.
Why did Justice Anil Dave leave the NJAC bench?
As the second senior-most judge he had become an ex officio member of the NJAC. After Fali Nariman raised the conflict on 15 April 2015, he stepped aside and Justice J.S. Khehar presided instead.
Who argued the NJAC case?
Fali S. Nariman led for the Supreme Court Advocates-on-Record Association and the petitioners. Attorney General Mukul Rohatgi led the defence of the law for the Union government.
What did Jagdeep Dhankhar say about the NJAC?
In his first speech as Rajya Sabha Chairman on 7 December 2022, the Vice-President called the 2015 verdict a severe compromise of parliamentary sovereignty. He returned to the theme after the Justice Varma cash row in 2025.
What did the government tell Parliament about the NJAC in 2025?
In a written Rajya Sabha reply on 3 April 2025, Law Minister Arjun Ram Meghwal said the laws had been declared unconstitutional and the old collegium restored, and described contact with the collegium on the Memorandum of Procedure. He did not say whether the NJAC bill would return.
Does the collegium publish its decisions?
Since its resolution of 3 October 2017, the collegium has published its recommendations on the Supreme Court website. The resolutions give outcomes and sometimes brief reasons, not the full record.
Who appoints judges in India now?
Formally the President, by warrant. In practice the collegium recommends names, the government processes them, may return a name once for reconsideration, and must ordinarily accept a reiterated recommendation.
Can the government reject a collegium recommendation?
It can send a name back once for reconsideration. Under the Second and Third Judges Cases, if the collegium reiterates it, the appointment should ordinarily follow, though delays in notifying recommended names have been a recurring dispute.
How is the NJAC case linked to Kesavananda Bharati?
The NJAC was struck down using the basic structure doctrine created in Kesavananda Bharati (1973), which holds that Parliament cannot amend the Constitution in a way that destroys its essential features, including judicial independence.
Did the NJAC judgment say judges must appoint judges?
It held that the judiciary's primacy in appointments was part of judicial independence and could not be removed by the NJAC's design. It did not rule out every possible reform, which is why the collegium's working was taken up separately.

⚠️ Editorial Note

This account draws on the Supreme Court’s judgment of 16 October 2015 in Supreme Court Advocates-on-Record Association v. Union of India, the court’s order of 16 December 2015, the text of the 99th Amendment and NJAC Act, the Law Minister’s Rajya Sabha reply of 3 April 2025, and reporting by LiveLaw, Bar & Bench, PTI and others. Checking the brief this page began from against those records: the review petition was dismissed by an order of 27 November 2018 (reported on 1 December), not simply in December; the Constitution Bench heard the case from 15 April 2015 and reserved judgment on 15 July 2015, rather than hearing it from July to September; the case had been referred to five judges by a three-judge bench on 7 April 2015; and the NJAC came into force on 13 April 2015 but never functioned, because the Chief Justice reportedly stayed away and the eminent persons were never chosen. The NJAC was struck down before it could be tested, so the debate concerns its design, not its performance. Status reflects published reports to 7 November 2026.

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