Eighteenth Amendment Act, 1966 in Indian Constitution

In the year of 1966, Indian Government amended “Article 3” of the Indian constitution, which is officially known as The Constitution (Eighteenth Amendment) Act, 1966. The proposal is made to clarify the “State” in the clauses section from (a) to (e) present in “article 3” in the constitution, which basically includes “Union territories.” This amendment act also gave a brief explanation regarding the power to form a completely new State or Union territory by taking a part of any State or Union territory to any other State or Union territory by uniting. There is a special power conferred on Parliament by clause section(a). This act was an amendment to the Constitution of India that made some important changes in the way that a certain number of constitutional offices were appointed.

Main Provisions of the Eighteenth Amendment

• The amendment act inserted a new Article numbered 124A. This new article is provided as an established order of the National Judicial Appointments Commission (NJAC) to appoint judges to the Supreme Court of India and State High Courts of India.
• The amendment act also inserted a new Article numbered 124B. This is amended for detailed explanations of the composition and functions of the NJAC. The NJAC consisted of the Chief Justice of India, where two senior-most judges of the Supreme Court of India, the Union Minister of Laws and Justice, and two eminent and experienced persons were to be nominated by a committee of Justice. These Two persons will be the Prime Minister, the Chief Justice of India, and the Leader of the Opposition party in the Lok Sabha.
• The amendment act also made some changes in the way of appointment of the Comptroller and Auditor General of India (CAG). The President will appoint the CAG  based on the recommendation of a committee consisting of the Prime Minister of India, the Speaker of the Lok Sabha, the Leader of the Opposition party in the Lok Sabha, the Chief Justice of India, or a judge of the Supreme Court of India nominated by him.
• The amendment act also made some important changes in the way how the Chief Election Commissioner and other Election Commissioners were appointed. The President of India will appoint them on the recommendation of a committee consisting of the Prime Minister of India, the Speaker of the Lok Sabha, the Leader of the Opposition party in the Lok Sabha, the Chief Justice of India, or a judge of the Supreme Court of India nominated by him.

Significance of the Eighteenth Amendment Act, 1966

There are several significances present in this act which are discussed below.

• Establishment of the National Judicial Appointments Commission(NJAC): The amendment proposed to establish the NJAC.  The NJAC was now fully responsible for recommending candidates for appointing them as judges to the Supreme Court of India and State High Courts of India. This was a significant change made from the previous system as previously the appointment of judges will be done by the President on the advice of the Chief Justice of India and other judges.
• Increased transparency and accountability: The amendment made a significant increment on transparency and accountability in the appointment of constitutional officers like judges, the Comptroller and Auditor General and the Chief Election Commissioner. As previously said, NJAC was established to ensure that the process of appointing judges was more transparent and accountable.
• Reformation of appointment of the Comptroller and Auditor General: The amendment also made a major changes in the way of appointing CAG. It aimed to ensure that the appointment process was more transparent and independent than the previous one.
• Constitutional recognition of eminent persons: The amendment defined the appointment process of two eminent persons to the NJAC, which gave constitutional recognition to individuals who were being considered as an expert in their field.
• Constitutional recognition of the Leader of Opposition: The amendment also first time gave constitutional recognition to the Leader of Opposition party in the Lok Sabha, who was included in the committee responsible for nominating the two eminent and experienced persons to the NJAC.

Purpose of the Eighteenth Amendment Act, 1966

There were several useful purposes of this act given below.

1. Establishment of the National Judicial Appointments Commission (NJAC) for appointing judges to the Supreme Court and High Courts.
2. Increment of transparency and accountability in the appointment process of constitutional officers, like judges, the Comptroller and Auditor General(CAG), and the Chief Election Commissioner.
3. Making some changes in the way of appointing the Comptroller Auditor General and Chief Election Commissioner.
4. Providing constitutional recognition to eminent persons and the Leader of the Opposition party in the Lok Sabha.
5. Ensuring that the appointment process for key constitutional officers was more independent, impartial, and transparent.

Some Features of the Eighteenth Amendment Act, 1966

• Establishing the National Judicial Appointments Commission (NJAC) as a constitutional body. This was responsible for recommending candidates for appointing them as judges to the Supreme Court and High Courts.
• The NJAC was composed of six members consisting of the Chief Justice of India, two senior-most judges of the Supreme Court of India, the Union Minister of Laws and Justice and two eminent persons to be appointed by a committee consisting of the Prime Minister of India, the Leader of the Opposition party in the Lok Sabha and the Chief Justice of India or his/her nominee.
• The amendment introduced the concept of the term “eminent persons”. They were appointed to the NJAC. These were the individuals who were considered to be an expert in their fields and were given constitutional recognition as members of the commission.
• The Leader of the Opposition party in the Lok Sabha was given constitutional recognition. Also included in the committee responsible to nominate the two eminent persons to the NJAC.
• The amendment also made some changes to the way in which the Comptroller and Auditor General(CAG) and the Chief Election Commissioner were appointed, aimed at making the process more transparent and independent.

FAQs on Eighteenth Amendment Act, 1966

Q1. What was the need/importance of the Eighteenth Amendment Act, of 1966?

Ans: The amendment act was needed to provide a more transparent and accountable process for appointing judges, the Comptroller and Auditor General(CAG), and the Chief Election Commissioner.

Q2. What was the controversy involved in the Eighteenth Amendment Act, of 1966?

Ans: The amendment act was challenged in the Supreme Court. The challengers claimed that this act is violating the basic structure of the Constitution. But the court upheld its validity in 2015 and dismisses the challenge.

Q3. When was the Eighteenth Amendment Act, of 1966 passed?

Ans: The amendment was passed by the Indian Parliament on  9th September 1966.  

Q4. What was the defined role of the National Judicial Appointments Commission (NJAC) under the Eighteenth Amendment Act, of 1966?

Ans: The National Judicial Appointments Commission (NJAC) was established to recommend candidates for appointment as judges of the Supreme Court and the High Courts of India.

Q5. Was the Eighteenth Amendment Act, of 1966 amended later?

Ans: The answer is yes. It was amended by the Ninety-Ninth(99th) Amendment Act, of 2014. And it replaced the NJAC with a new system of the way for appointing judges.

Q6. Was the Eighteenth Amendment Act, of 1966 related to any other constitutional amendment?

Ans: No, it was a fully standalone amendment to the Constitution of India and there are no similarities or relations to other constitutional amendments.

Q7. What was the composition of the National Judicial Appointments Commission(NJAC) under the Eighteenth Amendment Act, of 1966?

Ans: The NJAC consisted of the Chief Justice of India, two senior-most judges of the Supreme Court of India, the Union Minister of Laws and Justice, and two eminent and experienced persons to be nominated by a committee consisting of the Prime Minister of India, the Chief Justice of India and the Leader of the Opposition party in the Lok Sabha.