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december 2015

Supreme Court of India · 2015-12-16

SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION vs UNION OF INDIA

Citation / case number
SC 2015/439
Court
Supreme Court of India
Petitioner
SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION
Respondent
UNION OF INDIA
Author
JAGDISH SINGH KHEHAR CHELAMESWAR,MADAN B. LOKUR,KURIAN JOSEPH,ADARSH KUMAR GOEL
Bench
JAGDISH SINGH KHEHAR,J. CHELAMESWAR,MADAN B. LOKUR,KURIAN JOSEPH,ADARSH KUMAR GOEL

Judgment text excerpt

The Supreme Court addressed the constitutional validity of the National Judicial Appointments Commission Act, 2014, and the 99th Constitutional Amendment, holding that they violate the basic structure of the Constitution as established in the Second and Third Judges cases. The Court reaffirmed the independence of the judiciary as a fundamental principle, emphasizing that judicial appointments must remain free from executive interference. Consequently, the impugned amendments were struck down, restoring the previous system of judicial appointments.

SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION vs UNION OF INDIA · Niyam