SC to hear pleas challenging NJAC replacing collegium

The Supreme Court will hear a batch of petitions challenging the constitution amendment and the law to set up a National Judicial Appointment Commission (NJAC) replacing the existing collegium system.

The collegium system is for the appointment of judges to the apex court and the high courts.

The apex court bench, comprising Justice Anil R. Dave, Justice J. Chelameswar and Justice Madan B. Lokur, will take up for hearing petitions by the Advocate-on-Record Association, NGO Change India and Centre for Public Interest Litigation (CPIL), senior counsel and former additional Solicitor General of India Bishwajit Bhattacharyya, senior counsel Bhim Singh and R.K. Kapoor and advocate Manohar Lal Sharma challenging the NJAC.

Most of the petitioners have approached the apex court, challenging validity of the Constitution (Ninety Ninth Amendment) Act, 2014, that provided to set up the National Judicial Appointment Commission and for enabling statute the National Judicial Appointment Commission Act, 2014.

The petitioners have contended that both the Constitution (Ninety Ninth Amendment) Act, 2014, and the National Judicial Appointment Commission Act, 2014 were arbitrary, unconstitutional and in breach of the basic structure of the constitution that provides for the separation of powers between the executive, legislature and the judiciary.

The petitions were moved in the apex court on January 5 after President Pranab Mukherjee on December 31, 2014, gave assent to the Constitution (Ninety Ninth Amendment) Act, 2014,

The petitioners have contended that the selection of judges through six member NJAC was an assault on the independence of judiciary in the appointment judges which for over two decades was being done by the collegium of the five senior most judges of the Supreme Court, headed by the Chief Justice of India.

Besides other amendments, the Constitution (Ninety Ninth Amendment) Act, 2014 now provides that every Judge of the Supreme Court shall be appointed by the President... on the recommendation of the National Judicial Appointment Commission..."

The National Judicial Appointment Commission has been included in Article 124(2) in place of earlier provision which said, "Every judge of the Supreme Court shall be appointed by the President after consultation with such of the Judges of the Supreme Court and of the High Courts in the states as the President may deem necessary for the purpose."

The Constitution (Ninety Ninth Amendment) Act, 2014 provides for a six member NJAC that will be headed by the Chief Justice of India. Besides the Chief Justice of India, the NJAC will have two other senior most judges of the apex court, Union Law Minister and two eminent people as its members.

The petitioners are troubled by the provision which says that any two members of the NJAC could veto the appointment of proposed judges or even the elevation of senior most judges as the Chief Justice of the apex court or that of the High Court.