SUPREME COURT ADVOCATES-ON- RECORD ASSOCIATION & ANR. v. UNION OF INDIA
Downloads
Abstract
The case of Supreme Court Advocates-on- Record Association & Anr. v. Union of India, was a 2014 judgement of the Supreme Court of India, which dealt with the 99th amendment to the Indian Constitution. In its 1042 page judgement, the court declared the Constitution (Ninetyninth Amendment) Act, 2014 (hereinafter referred to as, the Constitution (99th Amendment) Act), and the National Judicial Appointments Commission Act, 2014 (hereinafter referred to as, the NJAC Act) as unconstitutional. This paper seeks to rebut the three main issues bought forth in the judgement.
Article 368 of the Indian Constitution lays down the power of the parliament to amend the Constitution and the procedure therefor to do the same. The Indian Constitution provides a very easy and simple procedure to amend the Constitution under Article 368, reflecting the Constitution's partly rigid-partly flexible character. The provision has been put to use over 100 times.
The amending mechanism was lauded even at the time of introduction of the Constitution by
Dr. Ambedkar in the following words ‘We can therefore safely say that the Indian federation will not suffer from the faults of rigidity or legalism. Its distinguished feature is that it is a flexible federation.’
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Nidhi Singh
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
