SC dismisses plea seeking review of 2015 verdict striking down NJAC Act

The Supreme Court has dismissed a plea seeking review of its 2015 verdict striking down the NJAC Act and another related law, which had led to revival of the collegium system for appointment of judges in higher judiciary.

The National Judicial Appointments Commission (NJAC) Act 2014 would have accorded a major role to the executive in appointing judges to the higher judiciary.

A five-judge bench headed by Chief Justice Ranjan Gogoi said there was a delay of 470 days in filing the review petition and there was no merit in it.

"There is a delay of 470 days in filing the present review petition, for which no satisfactory explanation has been offered. The review petition is liable to be dismissed on the ground of delay alone," the bench, also comprising justices Madan B Lokur, Kurian Joseph (since retired), A M Khanwilkar and Ashok Bhushan, said in its November 27 order which was uploaded on the apex court website on Saturday.

"Even otherwise, we have carefully gone through the review petition and the connected papers. We do not find any merit in the same. The review petition is dismissed on the ground of delay as well as on merits," the bench said.

The review petition was filed by National Lawyers Campaign for Judicial Transparency and Reforms for re-consideration of the verdict delivered by a five-judge Constitution bench.

The review plea had claimed that the 2015 judgement of the top court was "unconstitutional and void".

The apex court had on October 16, 2015 struck down the NJAC Act, 2014 to replace the 22-year-old collegium system of judges appointing judges.

While four of the five judges of the Constitution bench had held as unconstitutional and void both the NJAC Act and the Constitution (99th Amendment) Act 2014, Justice J Chelameswar (since retired) had upheld the validity of the Constitution amendment law.

"The system of appointment of judges to the Supreme Court and Chief Justices and judges to the High Courts, and transfer of Chief Justices and judges of High Courts from one High Court to another, as existing prior to the Constitution (99th Amendment) Act, 2014 (called the "collegium system"), is declared to be operative," the apex court had then said.