Justice Dave recuses self from NJAC constitution bench

The hearing on a batch of petitions challenging the constitutional validity of the National Judicial Appointment Commission Act and the constitutional amendment backing it was adjourned on Wednesday as Justice Anil R. Dave recused himself from the bench following objections by petitioner SCAORA.

Justice Dave recused himself from the constitution bench 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.

In a note to the court, SCAORA 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".

Justice Dave, being the senior-most judge on the constitution bench, was presiding over it. Faced with the declaration sought by the SCAORA, Justice Dave recused himself from hearing the matter.

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.