2016 SCC Vol. 5 May 28, 2016 Part 1

scccover 28.05

Constitution of India — Arts. 124, 217, 222, 50 & 74 and Art. 368 — Independence of the judiciary — Process for appointment of Judges: Independence of the judiciary is a basic feature or an essential and inviolable part of basic structure of the Constitution and a judiciary which discharges its functions independently without fear or favour, is a fundamental constitutional ideal and goal. Ultimately, it is the faith of the people in the impartiality, independence and competence of the judiciary which sustains democracy. Process for appointment of Judges (involving manner of selection and actual appointment), is an integral part of independence of the judiciary, which is part of the basic structure of the Constitution. Primacy of the judiciary in the matters of appointment and transfer of Judges, is also part of the basic structure of the Constitution. Constitution (99th Amendment) Act, 2014 violates the basic structure of Constitution, hence, it is struck down as void. National Judicial Appointments Commission Act, 2014 is also ultra vires the Constitution. [Supreme Court Advocates-on-Record Assn. v. Union of India, (2016) 5 SCC 1]

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