Constitutional Amendment · Struck down

99th Amendment (2014)

Replaced the collegium system for judicial appointments with a National Judicial Appointments Commission (NJAC) comprising judges and non-judges. Struck down by the Supreme Court in 2015.

Why it was passed

The government argued the collegium — where senior Supreme Court judges collectively decide on appointments — lacked transparency and accountability. The NJAC would include the Law Minister and two eminent citizens.

Key changes

  • Inserted Article 124A establishing the NJAC
  • Amended Articles 124, 127, 128, 217, 222, 224, 224A, 231 to route all senior judicial appointments through the NJAC

Controversy and legal challenges

In Supreme Court Advocates-on-Record Association v. Union of India (2015), a five-judge bench struck down the amendment 4:1 as violating the Basic Structure doctrine's guarantee of judicial independence. The ruling was criticised by the executive as judicial overreach and is the most prominent post-Kesavananda example of an amendment being invalidated.

Related articles

Content is editorial draft pending fact-check against official Gazette notifications and Supreme Court judgment texts. Last reviewed: 2026-07-02.

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