130th Constitutional Amendment Bill Introduced for Judicial Reforms
A new bill has been introduced in Parliament to reform the appointment process of judges in the higher judiciary and establish a National Judicial Commission.
2-Minute Summary (TL;DR)
- The 130th Constitutional Amendment Bill, introduced in the Lok Sabha, proposes the creation of a National Judicial Commission (NJC).
- The NJC aims to reform the appointment process for judges in India's higher judiciary, replacing the current collegium system.
- The proposed NJC will include representation from the judiciary, executive, and eminent citizens.
- A key debate surrounding the bill is its potential impact on the 'Basic Structure' doctrine of the Indian Constitution.
- The bill seeks to balance judicial independence with executive oversight in judicial appointments.
- This reform effort follows the failed attempt of the 99th Constitutional Amendment Act, 2014, which established the National Judicial Appointments Commission (NJAC).
- The NJAC Act was struck down by the Supreme Court in 2015, reinstating the collegium system.
- If passed, the 130th Constitutional Amendment Bill requires ratification by at least half of the state legislatures.
- The primary goals of the bill are to increase transparency and accountability in judicial appointments.
How This Topic is Tested in Competitive Exams
| Exam | Frequency | Approx. Marks | What Gets Asked |
|---|---|---|---|
| UPSC / State PCS | Very High | 15–25 | Polity is a core UPSC subject. Both Prelims and Mains test constitutional provisions in depth. |
| State PCS / PSC | High | 5–10 | State PCS papers test both central and state government structures. |
| SSC (CGL / CHSL / MTS) | High | 4–6 | Questions on constitutional amendments, Parliament, and schemes appear in every SSC paper. |
Key Facts to Remember: 130th Constitutional Amendment Bill Introduced for Judicial Reforms
- The 130th Constitutional Amendment Bill, introduced in the Lok Sabha, proposes the creation of a National Judicial Commission (NJC).
- The NJC aims to reform the appointment process for judges in India's higher judiciary, replacing the current collegium system.
- The proposed NJC will include representation from the judiciary, executive, and eminent citizens.
- A key debate surrounding the bill is its potential impact on the 'Basic Structure' doctrine of the Indian Constitution.
- The bill seeks to balance judicial independence with executive oversight in judicial appointments.
- This reform effort follows the failed attempt of the 99th Constitutional Amendment Act, 2014, which established the National Judicial Appointments Commission (NJAC).
- The NJAC Act was struck down by the Supreme Court in 2015, reinstating the collegium system.
- If passed, the 130th Constitutional Amendment Bill requires ratification by at least half of the state legislatures.
- The primary goals of the bill are to increase transparency and accountability in judicial appointments.
Practice Questions
Q1. What is the primary objective of the 130th Constitutional Amendment Bill?
- To increase the retirement age of Supreme Court judges.
- To reform the appointment process of judges in the higher judiciary.
- To establish a separate judicial service cadre.
- To reduce the number of judges in High Courts.
Explanation: The 130th Constitutional Amendment Bill was introduced with the main aim of overhauling the existing collegium system and establishing a National Judicial Commission (NJC) for appointing judges to the Supreme Court and High Courts.
Q2. Which body is proposed to be established by the 130th Constitutional Amendment Bill for judicial appointments?
- National Judicial Appointments Commission (NJAC)
- Judicial Oversight Committee (JOC)
- National Judicial Commission (NJC)
- Supreme Court Collegium Reforms Committee (SCRRC)
Explanation: The bill proposes the establishment of a National Judicial Commission (NJC) to manage the appointment of judges, aiming to bring more transparency and accountability compared to the current collegium system.
Q3. The 130th Constitutional Amendment Bill, if passed, would require ratification by:
- A simple majority in both houses of Parliament.
- Two-thirds majority in both houses of Parliament only.
- At least half of the state legislatures.
- The President of India's assent alone.
Explanation: As the bill seeks to amend the Constitution concerning the structure of the judiciary, it requires ratification by at least half of the state legislatures in addition to parliamentary approval, as per Article 368 of the Constitution.
Q4. The 99th Constitutional Amendment Act, which proposed the National Judicial Appointments Commission (NJAC), was ultimately:
- Successfully implemented and is currently in force.
- Struck down by the Supreme Court in 2015.
- Repealed by Parliament due to lack of consensus.
- Replaced by the 130th Constitutional Amendment Bill without judicial review.
Explanation: The 99th Constitutional Amendment Act, 2014, and the NJAC Act were declared unconstitutional and struck down by the Supreme Court in the 'Fourth Judges Case' in 2015, leading to the reinstatement of the collegium system.
Q5. A significant constitutional concern raised regarding the 130th Constitutional Amendment Bill is its potential impact on:
- The Directive Principles of State Policy.
- The Fundamental Rights of citizens.
- The 'Basic Structure' doctrine of the Constitution.
- The Emergency Provisions of the Constitution.
Explanation: Critics and supporters are debating whether the proposed reforms to judicial appointments, particularly the establishment of the NJC, could infringe upon the independence of the judiciary, which is considered a part of the 'Basic Structure' of the Constitution.
How to Prepare Indian Polity & Governance for Government Exams — 130th Constitutional Amendment Bill Introduced fo…
Map every news item to an Article or provision in the Constitution. This is what UPSC Prelims directly tests.
For SSC and Railway, focus on the practical side — who appoints whom, term lengths, and what each body does.
Note the date and context of any constitutional amendment or ordinance. Questions are often framed around the 'first time' or 'most recent' event.
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