New Delhi: In a jolt to the central government, the Supreme Court on Friday struck down the constitution’s 99th amendment and the NJAC Act as unconstitutional and void, restoring the collegium system for appointment of judges to the higher judiciary.
In a “collective order”, the constitution bench of Justice Jagdish Singh Khehar, Justice J Chelameswar, Justice Madan B Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel said that the constitution’s 99th amendment and the NJAC Act are unconstitutional and void.
The constitution amendment and National Judicial Appointments Commission
(NJAC) Act were brought to replace the 1993 collegium system for the appointment of judges to the Supreme Court and the high courts.
The court said the system of “appointment of judges to the SC, chief justices and judges of the high courts and the transfer of chief justices and judges of the high courts that existed prior to the amendment begins to be operative”.
The court sought suggestions from the bar for improved functioning of the collegium system. Hearing for the same will take place on November 3.
The plea said that the special status which people of Jammu and Kashmir enjoys should be canceled
In 1954 by a Presidential Order, Article 35A was added to the Indian Constitution
The Plea has also challenged a particular provision of the Constitution which denies the right over the property to a woman who marries someone who is from outside the state
New Delhi (India), August 25, 2017: After Diwali, the Supreme Court of India will hear pleas which challenge the Article 35A, the article talks about special rights and privileges given to people who are permanent residents of Jammu and Kashmir.
Supposedly, the date decided for the hearing of pleas was August 29 but both the Centre and state government of Jammu and Kashmir wanted 4 weeks’ time in order to file their replies respectively, due to this reason the hearing has been postponed to a later date.
The plea said that the special status which people of Jammu and Kashmir enjoys should be canceled.
The Supreme Court was earlier in favor of hearing the case by a constitution bench consisting of 5 judges if the Article 35A is ultra vires (beyond one’s legal power or authority) of the Indian Constitution or if there is any sort of procedural lapse (defective execution of work).
The meaning of Article 35A as per Constitution is that the article gives the right to the state legislature of Jammu and Kashmir to call them permanent residents of that state and also give those (permanent residents) some special rights and privileges whereas by article 370 a special status is given to the state- Jammu and Kashmir.
In 1954 by a Presidential Order, Article 35A was added to the Indian Constitution. According to ANI report, “It also empowers the state’s legislature to frame any law without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Indian Constitution.” This is the kind of power that this Article holds.
This Article was dragged into controversy after a 2nd plea, was filed by a lawyer and former member of the National Commission for Women Charu Wali Khanna. In her plea, she challenged Article 35A of the Indian Constitution and also Section 6 (talks of permanent residents of the state) of the Jammu and Kashmir Constitution.
The Plea has also challenged a particular provision of the Constitution which denies the right over the property to a woman who marries someone who is from outside the state. This provision which leads the woman to lose rights over property is also applied to her son.
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