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Friday, October 16, 2015

Indian judicial system is highly independent and most sensible


A five-member Constitution Bench of the Indian Supreme Court has struck down the 99th amendment to the Indian Constitution that provided for a National Judicial Appointments Commission.

The amendment was earlier passed by both Lok Sabha and Rajya Sabha. The SC ruled the amendment unconstitutional, and struck it down. Of the five judges who sat on the Constitution Bench, 4 ruled against the 99th amendment, and one ruled in favor. Going by 4:1 majority, the amendment is quashed.

With this, the government's move to have a say in appointments to constitutional courts (High Courts and Supreme Court) is nulled. This has been a watershed judgment of the year. Justice J S Khehar (imminent CJ of India in a few years) led the Bench. The lone minority judgment was delivered by Justice J Chelameshwar.

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