SC constitutes new constitution bench to hear NJAC Act

The Supreme Court today constituted a new bench to examine validity of the law replacing the collegium system of appointment of judges, a day after recusal of Justice A R Dave from the Constitution bench hearing the case.
The name of the judge who will take the place of Justice Dave was not mentioned in the notice issued by the apex court registry which said the matter will be heard on April 21.
Besides Justice Dave, others in the five-judge bench, constituted by the Chief Justice, were Justices J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh Kumar Goel.
Justice Dave, who was heading five-judge Constitution bench, had recused from the matter yesterday after the Supreme Court Advocates on Record Association (SCAORA) and other petitioners said that since he had become a member of the National Judicial Appointments Commission (NJAC) under the new law, it would not be proper for him to hear the matter.

However, the submission of senior advocate Fali Nariman, who appeared for SCAORA, was opposed by Attorney General (AG) Mukul Rohatgi and Supreme Court Bar Association (SCBA), which had supported the Centre in its endeavour to replace the two- decade-old collegium system of appointment of judges by judges.
Rohatgi had contended that the suggestion of SCAORA is wholly regrettable and condemnable. He was supported by SCBA President who had said that SCAORA's objection was preposterous.

Their submission had come after Nariman had said that the provisions of the Constitution (99th amendment) Act 2014 and of the NJAC Act 2014 have been brought into force from April 13, 2015.

"As a consequence, the presiding judge on this bench, Justice A R Dave has now become (not out of choice but by force of statute) a member ex-officio of the NJAC whose constitutional validity has been challenged.
"It is respectfully submitted that it would be appropriate if it would be declared at the outset, by an order of this court, the presiding judge of this bench will take no part whatever in the proceedings of the NJAC," Nariman had submitted.