Published September 30, 2022 | Version v1
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Supreme Court Advocates on Record Association Vs Union of India

  • 1. NMIMS School of Law, Bengaluru
  • 2. University School of Law and Legal Studies, Guru Gobind Singh Indraprashtha University

Description

This article considers "judge hegemony" in the appointment of judges, as defined in the case under consideration. The NJAC ruling saved the independence of judges. Article 99 of the Constitutional Amendment aimed at replacing the "collegium" method of appointing judges with the National Committee for the Appointment of Judges ["NJAC"] was rejected by the Hon’ble Apex Court. It is to be decided before the Hon’ble Supreme Court whether the Second Judge's case saw the importance of the judiciary's top priority as part of the basic structure or as an "interpretative explanation" of Article 124 of the Constitution. In addition, the constitutionality of the 99th Amendment could not be ruled. Therefore, future attempts to change the way judges are appointed must remain true to the principles of the second judge's case.

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