Collective order of SC strikes down judges’ appointment commission

Supreme court to begin soul-searching and seeks centre’s suggestions

GN Bureau | October 16, 2015


#appointment commission   #judges   #national judicial appointments commission   #NJAC   #justice   #J S Khehar   #J Chelameswar M B Lokur   #Kurian Joseph   #A K Goel  


The verdict has been termed as a collective order of the highest court of the land and it brings judiciary in direct conflict with the legislature, which claims to represent the will of the people of India. In a ‘collective order’ today, the supreme court struck down on the national judicial appointments commission (NJAC) law meant to replace the two-decade old collegium system of judges appointing judges in higher judiciary.

The court held that the collegium system as it existed before the NJAC 'operative' even though during the course of arguments in the case, attorney general Mukul Rohtagi had declared that the collegiums ‘was dead’.

Read more: Revamping justice: My Lord, heavens have fallen!

A Bench of five judges of the SC held the 99th Constitutional Amendment Act and the NJAC Act 2014 "unconstitutional and void".  The verdict quashing the NJAC Act was delivered by a five-judge constitution bench comprising justices J S Khehar, J Chelameswar M B Lokur, Kurian Joseph and A K Goel which also rejected the plea of Central government to refer for review to larger bench the 1993 and 1998 verdict of the apex court on the appointment of judges to the higher judiciary.

While four judges held as unconstitutional the 99th amendment of the Constitution, justice J Chelameswar differed with them and gave his own reasons for upholding its validity. Justice Chelameswar said he has "upheld" the constitutionality of the 99th Constitutional Amendment Act but recused himself from passing any judgment on the NJAC statute as the majority of four had already held it unconstitutional.

Read more: Bridging trust deficit in judicial appointments

Justice Khehar, who pronounced the judgment for the bench, said that the system of appointment of judges to the Supreme Court and the Chief Justice and judges of the high courts and transfer of judges from one high court to another has been existing in the Constitution prior to the 99th amendment.

"Help us decide for a better system of judicial appointments," justice Khehar told the Centre and the petitioners. The Bench said that the judgment was the "collective view of the court".

The bench listed the petitions on November 3 to invite suggestions to improve the working of the existing collegium system.  Justice Khehar said each one of us have recorded their reasons and order has been jointly signed.

The Bench struck down on the government's arguments that the question of validity of the NJAC and the 99th Constitutional Amendment should be referred to a larger Bench in light of the two 'Judges Cases' of 1993 and 1998.

The NJAC Act was meant to replace the two-decade old collegium system of judges appointing judges in higher judiciary. The SC rejected the plea of Centre that the petition challenging NJAC Act be referred to a larger Bench.

The NJAC was a body created to end the two-decade-old collegium system of judges appointing judges to the highest courts in the land.

The parliament had unanimously voted in favour of the NJAC law and the Constitutional Amendment. The latter was then ratified by 20 State Assemblies and had received the Presidential assent.

Noted jurists like Fali Nariman, Anil Divan and Ram Jethmalani were among prominent senior advocates who had argued against the NJAC replacing the collegium system.

Comments

 

Other News

How the humble Indian thali helps improve global sustainability

Food plays a crucial role not only in human survival but also in shaping environmental sustainability. It impacts biodiversity, water use, and contributes to greenhouse gas emissions. Sustainable food choices are becoming increasingly important as we aim to balance human health with the health of our plane

Maha Mumbai Metro launches WhatsApp-based ticketing

Maha Mumbai Metro Operations Corporation Ltd (MMMOCL) has launched a WhatsApp-based ticketing service. The service, available on Metro Lines 2A and 7, allows commuters to purchase tickets directly through WhatsApp, eliminating the need for paper tickets and providing a seamless, user-friendly experience.

Navi Mumbai airport: Runway trial successful

An Indian Air Force (IAF) transport carrier C295 landed at the southern runway 26, marking the formal launch of the new airport of Mumbai Metropolitan Region (MMR) on Friday. The aircraft touched down on the newly completed 3,700-metre runway at 12.14 pm, the airport operator said. The landi

‘Those who know dharma say truth is the highest dharma’

As Ramlila performances in north India are winding up and we celebrate Dussehra, the victory of good over evil, here is a unique retelling of Valmiki`s Ramayana.  

Nation bids farewell to Ratan Tata

It is the end of an era with Ratan Tata’s passing away. The former chairman of Tata Sons died of age-related illnesses at the Breach Candy Hospital in Mumbai late Wednesday. He was 86. A titan among the captains of industry, Tata steered the mighty Tata Group from the days of old econo

A trip to the future, with AI visionary Kurzweil

The Singularity is Nearer: When We Merge with AI By Ray Kurzweil Bodley Head/ Penguin, 425 pages Ray

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter