Judicial appointments bill: SC refuses to hear PILs

Bench calls petition "premature" but allows it to be filed 'on the same ground' later

deevakar

Deevakar Anand | August 25, 2014




The supreme court (SC) on Monday refused to accept a bunch of four PILs filed last week questioning the constitutional validity of the National Judicial Appointments Commission bill (NJAC), 2014 and the 121st amendment bill that would give it a constitutional standing.

The bill that seeks to scrap the three-decade-old collegium system of selection of judges of the apex court and the high courts (HC) has been passed by the lok sabha and the rajya sabha earlier this month and awaits the president’s nod.
 
A constitutional bench headed by justice AR Dave and comprising justices J Chelameswar and AK Sikri, which heard the PILs for over an hour said it could not accept the petitions “at this stage” as it was “premature” for them to interfere.

While this putts off an immediate confrontation on the issue, the court has left the door open for a hearing at a “later stage”.

"We are of the view that the petitions are premature. It is open for the petitioners to approach the court at a later stage on the same ground," the bench observed.

The PILs were filed by former additional solicitor general Bishwajit Bhattacharya, advocates RK Kapoor and Manohar Lal Sharma and supreme court advocates on record association (SCAORA) for declaring the NJAC as unconstitutional.

During the hearing, eminent SC lawyer Fali S Nariman argued before the court that the NJAC in its present form was not constitutionally valid as it erodes the independence of judiciary, and the parliament has passed the bill even before the 212st amendment has happened.

Attorney General Mukul Rohatgi counter-argued that the court cannot interfere as the bill and the constitutional amendment are in the legislative process right now.
One of the petitioners, ex-solicitor general Bishwajit Bhattacharya, however, said the court can interfere even at this stage and cited a 1978 reference.

Under the collegium system, in place since 1993, the SC judges have so far been selected by a panel comprising the CJI and four senior judges of the same court. In case of the high court judges, appointments are made after a collegium of the particular HC proposes the name, which then is cleared by a three member SC collegium headed by CJI. One of the other two judges in the panel should be associated with that particular HC in the past.

What the new system proposes is a six-member body consisting of the chief justice of India (CJI), two senior-most judges of the SC, union law minister, and two other eminent persons picked by a panel comprising the prime minister, leader of the opposition and the CJI. If any two of the members of the panel veto a selection, it will not go through.

The issue is likely to lead to a major standoff between the judiciary and the executive in the coming day.

 

 

 

 

 

 

 

 

 

 

 

 

 

Comments

 

Other News

Delhi moves to real-time traffic management

The Cabinet Committee on Economic Affairs (CCEA), chaired by prime minister Narendra Modi, has approved implementation of the ITMS Project by Delhi Police at an estimated cost of Rs.1,789.52 crore, inclusive of taxes. The project will cover 42 identified traffic corridors and will be implemented in three

MDR on UPI: Can sustainability come without weakening the network?

The extraordinary transaction volumes and value (₹29.82 Lakh crore in August 2026 alone) of the Unified Payments Interface (UPI) have made it not only an Indian success story, but a global one. In 2024, UPI accounted for nearly 49% of the world’s real-time payment transaction volume, with more th

The Xi-Trump summit: The unending rivalry

Diplomacy is akin to an art, wherein the summitry, conflict resolution and negotiations form apt constituents of the entire context of deal making and “playing for keeps” in the international arena. The Xi-Trump summit in Washington last week, in which the American president broke all conside

“Indians, yet treated like outsiders”

Moving to Delhi-NCR for education can be an exciting experience for students from Northeast India. It gives us a chance to meet new people, experience a different culture and become more independent. But living away from home also comes with challenges that people who have not experienced them may not al

Import duty on major edible oils cut

The government has reduced the Basic Customs Duty (BCD) on major imported crude edible oils with a view to moderating domestic edible oil prices, providing relief to consumers and mitigating inflationary pressures arising from the sharp increase in international edible oil prices.  

From pyramid to platform: BRICS agenda for Global South

In his opening address at the 18th BRICS Summit in New Delhi on September 12, prime minister Narendra Modi did something India`s diplomacy has been building towards for three years: he moved the ‘Voice of the Global South’ from a slogan to a work plan. Addressing the leaders, he argued that t

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter