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In Supreme Court Advocates-on-Record Association v. Union of India (2015), the Supreme Court struck down the 99th Constitutional Amendment establishing the National Judicial Appointments Commission (NJAC), holding that judicial independence is part of the basic structure and executive dominance in judicial appointments threatens separation of powers.
- True
- False
Answer: True
NJAC judgment (2015) judicial independence: (a) Context: 99th Amendment (2014) established National Judicial Appointments Commission (NJAC) with executive role in judicial appointments; challenged as violating basic structure, (b) Supreme Court holding (4:1): (i) Judicial independence part of basic structure; primacy of judiciary in appointments essential for separation of powers, (ii) NJAC's executive role threatens judicial independence; violates basic structure, (iii) Collegium system (CJI + senior judges) reinstated as mechanism preserving judicial independence, (c) Applications: (i) Judicial appointments: Collegium continues to recommend names; President normally appoints based on recommendations, (ii) Reform debate: Ongoing discussion on improving collegium transparency, efficiency while preserving independence, (iii) Separation of powers: Judgment reinforces judiciary's role in checking executive/legislative excess, (d) Rationale: (i) Judicial independence essential for constitutional review, rights protection, (ii) Executive role in appointments risks political interference, undermining impartiality, (iii) Collegium, despite flaws, better preserves independence than NJAC framework, (e) Illustrates basic structure protection: Judicial independence as unamendable core; amendment power cannot destroy separation of powers essential to constitutional democracy.