The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the government of India and in all state governments of India. The commission was established by amending the Constitution of India through the 99th constitution amendment with the Constitution (Ninety-Ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014. The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme Court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission. The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the President of India Pranab Mukherjee on 31 December 2014. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.
On 16 October 2015, the Constitution Bench of Supreme Court by a 4:1 majority upheld the collegium system and struck down the NJAC as unconstitutional after hearing the petitions filed by several persons and bodies with Supreme Court Advocates on Record Association (SCAoRA) being the first and lead petitioner. Justices J. S. Khehar, Madan Lokur, Kurian Joseph and Adarsh Kumar Goel had declared the 99th Amendment and NJAC Act unconstitutional while Justice Jasti Chelameswar upheld it.
Constitution of NJAC
A new article, Article 124A, (which provides for the composition of the NJAC) has been inserted into the Constitution.
Composition As per the amended provisions of the constitution, the Commission would have consisted of the following six persons:
Chief Justice of India (Chairperson, ex officio) Two other of senior judges of the Supreme Court next to the Chief Justice of India - ex officio The Central Minister of Law and Justice, ex-officio Two eminent persons
These (two) eminent persons would have been nominated by a committee consisting of the Chief Justice of India, Prime Minister of India, and Leader of Opposition in the Lok Sabha (or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha), provided that of the two eminent persons, one person would be from the Scheduled Castes or Scheduled Tribes or OBC or minority communities or a woman. The eminent persons shall be nominated for a period of three years and shall not be eligible for re-nomination.
Promotional Hierarchy
All India Judicial Service
The All India Judicial Service Officers are group 'A' gazetted officers. The promotional hierarchy of All India Judicial Service officers is mentioned below (Bottom to Top)
Chief Justice of Supreme Court of India Justice of Supreme Court of India/Chief Justice of State High Court/Chairperson of Any Tribunal/Chairperson of any Commission/Chairperson of Lokpal/Chairperson of Lokayukta /Any other judiciary related designation to be included Additional Justice of Supreme Court of India/Justice of State High Court/Deputy Chairperson of Any Tribunal/Vice Chairperson of any Commission/Vice Chairperson of Lokpal/Vice Chairperson of Lokayukta /Any other judiciary related designation to be included Additional Justice of State High Court/Member of Any Tribunal/Member of Any Commission/Member of Lokpal/Member of Lokayukta/Any other judiciary related designation to be included Principal District & Session Judge/Principal Judge of Family Court/Any other judiciary related designation to be included Additional District and Session Judge/Additional Judicial Commissioner/Judge of Family Court/Any other judiciary related designation to be included Chief Judicial Magistrate cum Sub-Judge/Chief Metropolitan Magistrate/Any other judiciary related designation to be included Additional Chief Judicial Magistrate cum Sub-Judge/Chief Metropolitan Magistrate/Civil Judge/Any other judiciary related designation to be included Judicial Magistrate 1st Class cum Munsif Judge/Metropolitan Magistrate /Additional Civil Judge/Any other judiciary related designation to be included Judicial Magistrate 2nd Class cum Munsif Judge/Metropolitan Magistrate/Any other judiciary related designation to be included (re-included)
All India Legal Service
The promotional hierarchy of All India Legal Service (Group 'A' gazetted officers) in mentioned below (Bottom to Top)
Attorney General of India Solicitor General of India /Any other law related designation to be included Additional Solicitor General of India/Any other law related designation to be included Second Additional Solicitor General/Notary Public/Joint Law Officer/Senior Judge-Advocate General to Indian Armed Forces/Any other law related designation to be included Senior Government Advocate/Notary Public/Additional Law Officer/Senior Government Advocate/Senior Judge-Advocate General to Indian Armed Forces/Any other law related designation to be included Government Advocate/Notary Public/Joint Legal Advisor to the Central Government/Law Secretary to Government of India/Law Officer/Senior Judge-Advocate General to Indian Armed Forces/Any other law related designation to be included Additional Government Advocate/Notary Public/Additional Legislative Counsel/Additional Legal Advisor to the Central Government/Legal Advisor to Governor of State/Additional Law Officer/Law Secretary of India/Senior Judge-Advocate General to Indian Armed Forces/Any other law related designation to be included Deputy Government Advocate/Deputy Law Officer/Deputy Legislative Counsel/Deputy Legal Advisor to the Central Government/Deputy Law Officer/Junior Judge-Advocate General to Indian Armed Forces/Any other law related designation to be included Assistant Government Advocate/Assistant Law Officer/Assistant Legislative Counsel/Assistant Legal Advisor to the Central Government/Assistant Law Officer/Junior Judge-Advocate General to Indian Armed Forces/Any other law related designation to be included Superintendent (Legal)/Any other law related designation to be included Law Associate cum Research Assistant in Courts and Tribunals at national level/Para-legal to the Central Government/Any other law related designation to be included
State Regional Legal Service
There shall be one state regional legal service cadre per state of India. The promotional hierarchy of State Regional Legal Service (Group 'A' gazetted officers) is mentioned below (Bottom to Top)
Advocate General of State Additional Advocate General/Notary Public/Government Pleader/Any other law related designation to be included Additional Advocate General/Notary Public/Assistant Government Pleader/Additional Law Officer/Any other law related designation to be included Deputy Advocate General/Public Prosecutor/Notary Public/Joint Legal Advisor to the State Government/Law Secretary to Government of State/Any other law related designation to be included Government Advocate/Special Public Prosecutor/Notary Public/Additional Legislative Counsel/Law Secretary of State/Any other law related designation to be included Additional Government Advocate/Additional Public Prosecutor/Additional Legislative Counsel/Additional Legal Advisor to the State Government/Law Secretary of State/Any other law related designation to be included Deputy Government Advocate/Deputy Public Prosecutor/Deputy Law Officer/Deputy Legislative Counsel/Deputy Legal Advisor to the State Government/Deputy Law Officer/Any other law related designation to be included Assistant Government Advocate/Assistant Public Prosecutor/Assistant Law Officer/Assistant Legislative Counsel/Assistant Legal Advisor to the State Government/Any other law related designation to be included Superintendent (Legal)/Any other law related designation to be included Law Associate cum Research Assistant in Courts and Tribunals at state level/Para legal to the State Government/Any other law related designation to be included
Indian Legal Services
All of the "Indian Legal Services" (Group 'A' gazetted officers) shall be allotted to all the attached offices, specialised units, autonomous organisations/bodies, regulatory bodies, statutory bodies, statutory corporations, national apex bodies, public sector units, subsidiaries of public sector units, divisions of public sector units and all other government establishments under Government of India. The hierarchy of Indian Legal Services Officers in any of the central government establishments under the government of India shall be in the following manner.
Principal Chief Legal Advisor cum Attorney to any of the central government establishments Chief Legal Advisor cum Attorney to any of the central government establishments Deputy Legal Advisor cum Attorney to any of the central government establishments Assistant Legal Advisor cum Attorney to any of the central government establishments Legal Assistant to any of the central government establishments
The list of "Indian legal services" cadres shall be as follows:
Indian Agriculture & Farmers Welfare Legal Service Indian Animal Husbandry, Dairying And Fisheries Legal Service Indian AYUSH Legal Service Indian Chemicals and Fertilizers Legal Service Indian Coal Legal Service Indian Commerce and Industry Legal Service Indian Communications Legal Service Indian Consumer Affairs, Food and Public Distribution Legal Service Indian Corporate Affairs Legal Service Indian Culture Legal Service Indian Defence Legal Service Indian Development of North Eastern Region Legal Service Indian Earth Sciences Legal Service Indian Electronics and Information Technology Legal Service Indian Environment, Forests and Climate Change Legal Service Indian Finance Legal Service Indian Food Processing Industries Legal Service Indian Health and Family Welfare Legal Service Indian Heavy Industries and Public Enterprises Legal Service Indian Home Affairs Legal Service Indian Housing and Urban Affairs Legal Service Indian Information and Broadcasting Legal Service Indian Jal Shakti Legal Service Indian Labour and Employment Legal Service Indian Micro, Small and Medium Enterprises Legal Service Indian Mines Legal Service Indian Minority Affairs Legal Service Indian New and Renewable Energy Legal Service Indian Petroleum and Natural Gas Legal Service Indian Ports, Shipping and Waterways Legal Service Indian Power Legal Service Indian Rural Development Legal Service Indian Road Transport and Highways Legal Service Indian Railways Legal Service Indian Science and Technology Legal Service Indian Skill Development and Entrepreneurship Legal Service Indian Social Justice and Empowerment Legal Service Indian Statistics and Programme Implementation Legal Service Indian Steel Legal Service Indian Textiles Legal Service Indian Tourism Legal Service Indian Tribal Affairs Legal Service Indian Women and Child Development Legal Service Indian Youth Affairs and Sports Legal Service Indian Cooperative Societies Legal Service
State Legal Services
There shall be as many "State Legal Services" cadres per state of India as decided by the state governments of India. "State Legal Service" Group 'B' gazetted officers shall be allotted to all the attached offices, specialised units, autonomous organisations/bodies, regulatory bodies, statutory bodies, state apex bodies, statutory corporations, public sector units, subsidiaries of public sector units, divisions of public sector units etc. and all other government establishments under each of the state governments of India. The hierarchy of state legal service officers in any of the state government establishments under any of the state governments of India shall be in the following manner.