Justice Dave recuses himself from hearing petitions challenging NJAC Act (Update-Supreme Court)

Supreme Court judge Justice A.R. Dave has decided to recuse himself from the hearing of petitions related to the challenge to the National Judicial Appointments Commission (NJAC) Act.

Justice Dave announced his decision just before a Constitution Bench of the apex court commences the hearing of the petitions today,

JUstice Dave maintained that he could not be a party to the hearing as the Act has been notified and he was one of the senior-most judges in the NJAC panel.

The government had notified the National Judicial Appointments Commission (NJAC) Act on Monday, which replaces existing Collegium system on appointment of Judges in higher judiciary. The Constitution bench is to examine the validity of the new measure.

NJAC was signed into an Act by President Pranab Mukherjee on December 31, 2014.

According to the new act, two eminent persons will be nominated to the Commission as members by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in Lok Sabha or the leader of single largest Opposition party.

The eminent persons will be nominated for a period of three years and will not be eligible for renomination.

The NJAC will be headed by the Chief Justice of India.

Under the old collegium system, five top judges of the apex court recommend transfer and elevation of judges to Supreme Court and 24 high courts.