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The judicial system is structured in three levels with subsidiary parts. The Supreme Court is the top court and serves as the final court of appeal for all civil and criminal cases in India. High Courts are the top judicial bodies in individual states, controlled and managed by state Chief Justices.
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 terms of reference given to the Commission stated that it shall examine, in the light of the experience of the past fifty years, as to how best the Constitution can respond to the changing needs of efficient, smooth and effective system of governance and socio-economic development of modern India within the framework of parliamentary democracy, and to recommend changes, if any, that are ...
(1) There shall be a Commission to be known as the National Judicial Appointments Commission consisting of the following, namely:–– (a) the Chief Justice of India, Chairperson, ex officio; (b) two other senior Judges of the Supreme Court next to the Chief Justice of India ––Members, ex officio; (c) the Union Minister in charge of Law ...
The Supreme Court of India came into existence on 28 January 1950. [7] It replaced both the Federal Court of India and the Judicial Committee of the Privy Council, which were then at the apex of the Indian court system. The first proceedings and inauguration, however, took place on 28 January 1950 at 9:45 am, when the judges took their seats ...
Union of India [38] Struck down the 99th Amendment of the Constitution of India and the proposal of the National Judicial Appointments Commission. 1998 In re Special reference 1 [39] Reply by the Chief Justice of India to the questions raised by President of India K. R. Narayanan regarding the Collegium system. M. C. Mehta v. Kamal Nath [40] 1996
On 5 September 2013, the Rajya Sabha passed the Constitution (120th Amendment) bill, 2013, which amends articles 124(2) and 217(1) of the Constitution of India, 1950, and establishes the Judicial Appointments Commission, on whose recommendation the President would appoint judges to the higher judiciary. [7]
The chief instrument through which judicial activism has flourished in India is public interest litigation (PIL) or social action litigation (SAL).It refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati and Justice V.R. Krishna Iyer.