PILs filed in SC against NJAC bill

Three PILs have been filed in the Supreme Court for declaring the National Judicial Appointments Commission Bill unconstitutional, days after Parliament passed two bills to scrap the collegium system for appointment in higher judiciary and to provide a new mechanism in its place.
The PILs have been filed by former Additional Solicitor General Bishwajit Bhattacharya, advocates R K Kapoor and Manohar Lal Sharma.
The lawyers in their pleas submitted that 121st Constitutional Amendment Bill and The National Judicial Appointments Commission Bill, 2014, passed by Parliament is unconstitutional as it violates the basic structure of the Constitution.
"The Constitution itself recognises a clear demarcation separating the judiciary from the executive under Article 50 of the Constitution which is the underlying strength for a sound judicial system.

"It would be relevant to point out here that Article 50 of the Directive Principles of the state policy under the Constitution is not only applicable to the lower judiciary but is also applicable to the higher judiciary as the doctrine of separation of power and the independence of the judiciary were basic immutable features of Constitution," Kapoor said in his plea.
Bhattacharya also submitted that the Constitution empowers the Chief Justice of India to decide in every appointment of Supreme Court Judges and High court Judges and in every transfer of Judges from one High Court to another.

"This power is now being shifted to the NJAC and the very possibility of the CJI along with two senior-most Judges of SC being vetoed by the executive would be destructive of the independence of the judiciary and the doctrine of separation of power, both basic features of India's Constitution," he said.

The Rajya Sabha had on August 14 approved with overwhelming majority the 121st Constitution Amendment Bill along with the National Judicial Appointments Commission Bill, 2014, a day after Lok Sabha gave its nod to the measures.
The Lok Sabha had passed the the Appointments Commission bill with a crucial amendment suggested by opposition Congress that was accepted by the government.