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Journalism of Courage
The Supreme Court on Tuesday referred to Constitution Bench a batch of petitions challenging the validity of a constitutional amendment and the NJAC Act, meant to scrap the collegium system of appointing judges.
A three-judge bench led by Justice Anil R Dave said that all the issues relating to the challenge to Constitution (Ninety-Ninth Amendment) Act, 2014, that provides for setting up the NJAC and to the enabling statute to the National Judicial Appointment Commission Act, 2014 will be now heard by at least a five-judge Constitution Bench.
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The court has not issued any interim orders; either restraining the government from setting up the NJAC or dismissing the clutch of PILs on the question of maintainability.
The court had on March 24 reserved its verdict on the batch of the petitions.
The petitioners challenging the NJAC had contended that NJAC Act, 2014 could not have been passed in August 2014 as there was no supporting provision in the constitution, which came into effect only after December 31 assent to the constitutional amendment by President Pranab Mukherjee.
On the other hand the maintainability of these petitions was challenged by the government, saying that they were premature and academic as the statutory provision to bring in NJAC has not been notified.
Attorney General Mukul Rohatgi had told the court that the challenge was premature as both of them are yet to be notified and operationalised.
While the Supreme Court Advocate-on-Record Association, NGO Change India, Centre for Public Interest Litigation (CPIL), Bar Association of India and others had moved the court challenging the NJAC route of appointment, the Supreme Court Bar Association had come out in the favour of the new proposed system.
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