After the notification of NJAC court’s senior judge Justice Dave will serve on the commission
GN Bureau | April 15, 2015
The hearing by a constitution bench on the constitutional validity of the National Judicial Appointment Commission Act and the constitutional amendment did not begin on Wednesday as Justice Anil R Dave recused himself from the bench following objections by petitioner SCAORA.
Justice Dave, being the senior-most judge on the constitution bench, was presiding over it. Because of his seniority he will also be part of the NJAC. Besides Justice Dave, the other judges on the constitution bench are Justice J. Chelameswar, Justice Madan B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel.
However, Justice Dave recused himself from the hearing after senior counsel Fali Nariman, appearing for the Supreme Court Advocate-on-Record Association (SCAORA), sought declaration that Justice Dave will not take part in the proceedings of the NJAC.
The SCAORA submitted a note and said that after the notification of the Constitution (Ninety-Ninth Amendment) Act 2014 and the National Judicial Appointment Commission Act, 2014 as a consequence, "Justice Anil R. Dave, has now become (not out of choice but by force of Statute) a member ex-officio of the National Judicial Appointment Commission, whose constitutional validity has been challenged".
The SCAORA said that it would be appropriate if "it is declared at the outset by an order of the ... court - that the presiding judge on this bench will take no part whatever in the proceedings of the National Judicial Appointment Commission".
Faced with the declaration sought by the SCAORA, Justice Dave recused himself from hearing the matter.
However, the submission of Nariman was opposed by Attorney General Mukul Rohatgi and Supreme Court Bar Association (SCBA), which had supported the Centre in its endeavour to replace the two- decade-old collegium system of appointment of judges by the judges.
Rohatgi contended that the suggestion of SCAORA is wholly regrettable and condemnable. He was supported by SCBA President who said that SCAORA's objection was preposterous.
It’s a sultry March afternoon and students at a municipal school in Santacruz East are engrossed in their lecture. It’s 4 pm already but the training session in the mobile repairing course is in full swing. Twenty-four boys and four girls of class IX are in the last leg of their course before t
Courier services and sales teams have soared into efficiency using smartphone apps to monitor deliveries, visits, timeliness and performance. Taking a leaf from their book, Gujarat is equipping accredited social health activists (ASHAs) and midwives with smartphones and an app to bring down infant and ma
The railway infrastructure consulting PSU, RITES Limited is coming up with its IPO on June 20, 2018, as the government of India is selling its 24 million equity shares (12%) stake in the Mini Ratna PSU. As an initial public offering 25,200,000 equity shares are offered in which employee reservation portion
Speaking to Governance Now, Gujarat chief minister Vijay Rupani elaborates on the Sujalam Sufalam scheme to rejuvenate talavdis and desilt reservoirs and lakes. He also speaks on water, politics, and cons
It’s 10 am and in Dhandhuka town of Ahmedabad district, the sun is already scorching. A dry lake, which was desilted and deepened a few weeks back, has been turned into a venue for a fete. Shamianas have been erected, women in bright sarees and men and children in their best clothes flock the venue,
This story may sound apocryphal but it was recounted by LK Advani in one of his casual conversations. Talking about Morarji Desai, he said that despite his idiosyncrasies, he was a man of impeccable integrity. To buttress his point Advani recalled this incident: After the Janata Party formed the government