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Which case is associated with the Supreme Court striking down the 99th Constitutional Amendment (NJAC)?
Question

Which case is associated with the Supreme Court striking down the 99th Constitutional Amendment (NJAC)?

A.

Kesavananda Bharati Case (1973)

B.

Golaknath Case (1967)

C.

Supreme Court Advocates-on-Record Association Case (2015)

D.

Minerva Mills Case (1980)

Correct option is C

The correct answer is (c) Supreme Court Advocates-on-Record Association Case (2015)

Explanation:

  • The Supreme Court Advocates-on-Record Association vs Union of India (2015) case is directly linked to the striking down of the 99th Constitutional Amendment.
  • This amendment aimed to replace the existing collegium system with the National Judicial Appointments Commission (NJAC) for the appointment of judges to the higher judiciary.
  • The Supreme Court declared the NJAC unconstitutional and void, stating it violated the basic structure of the Constitution, particularly judicial independence.
  • The judgment restored the collegium system, where judges are appointed by a panel of senior judges.
  • The verdict emphasized that the executive cannot have a dominant role in judicial appointments.

Information Booster:

  • The 99th Constitutional Amendment Act, 2014, and the NJAC Act, 2014, were passed by Parliament and ratified by a majority of states.
  • NJAC proposed a six-member body including the Chief Justice of India, two senior judges, Law Minister, and two eminent persons.
  • The Supreme Court ruled (4:1 majority) that this compromised the independence of the judiciary.
  • The case reaffirmed the doctrine of separation of powers.
  • It highlighted the role of judicial review in safeguarding constitutional principles.

Additional Knowledge:
Kesavananda Bharati Case (1973) (Option a)

  • Laid down the Basic Structure Doctrine, limiting Parliament's power to amend the Constitution.
  • Not related to NJAC directly.

Golaknath Case (1967) (Option b)

  • Held that Fundamental Rights cannot be amended by Parliament.
  • Preceded Kesavananda Bharati and was overruled partially by it.

Minerva Mills Case (1980) (Option d)

  • Reaffirmed the basic structure doctrine, particularly regarding judicial review and balance between Fundamental Rights and Directive Principles.
  • Not related to judicial appointments.

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