MPs flay scrapping of NJAC Act, want 'strong message' to go

Nearly two months after Supreme Court scrapped the NJAC Act, members of Lok Sabha today criticised it, saying judges have to be held accountable and a "strong message" should be given to the judiciary for "infringing on the jurisdiction of Parliament".
The MPs spoke in unison on the fate of National Judicial Appointments Commission (NJAC) Act while participating in a debate on Supreme Court Judges (Salaries and Conditions) of Service Amendments Bill 2015 which was passed by a voice vote.
The Bill provides for better allowances to the judges of Supreme and High Courts.
While supporting the bill, RSP member M K Premchandran referred to NJAC issue and endorsed the comments by Finance Minister Arun Jaitley that the action of Supreme Court was the "tyranny of the un-elected".

BJD MP Tathagata Satpathy accused the government of "pleasing the judges" by bringing the bill even when the judiciary was not ready to come under the ambit of RTI.
Law Minister Sadanand Gowda cited Article 142 of the Indian constitution, which states that "the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe."

This prompted Deputy Speaker M Thambi Durai to tell Gowda: "that is not the point. As has been said by Premachandran, Parliament has the power to enact laws. When the Supreme Court says that the term and other things will remain like that, then they are dictating things. Then why are we discussing it? That is the point which the members are raising. We have to obey the judgments of the Supreme Court which you are saying is somewhat misleading the House."

Congress MP and former Union Minister Verrappa Moily also opposed Gowda's statement.
"Law minister going on record is not correct. You ask your AG (Attorney General) or the Law Ministry about this. Let it not go (on record) I have handled this portfolio at the Centre as well as as the State," Moily said.

BJP member R K Singh said a "strong message needs to go to the courts that they should stop infringing on the jurisdiction of Parliament".