NJAC issue: SC to list review plea for hearing in March

The Supreme Court today said it would list for hearing in March a plea seeking review of its 2015 judgement striking down the NJAC Act and another related law, which had led to the revival of the collegium system for appointing judges in the higher judiciary.

A bench headed by Chief Justice Dipak Misra also said it would hear in March two separate petitions which have raised the issue of video recording of proceedings in the top court and advertisments for vacancies in higher judiciary so that lawyers could apply for the post of judges in high courts and the Supreme Court.
 

These three separate pleas were mentioned today before the bench, which also comprised Justices A M Khanwilkar and D Y Chandrachud, by advocate Mathews J Nedumpara who sought urgent listing of these petitions filed by National Lawyers Campaign for Judicial Transparency and Reforms.

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

The NJAC was perceived by some in the legal fraternity as an attempt to interfere with the independence of judiciary.

The review plea has claimed that 2015 verdict by a five- judge constitution bench 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 had upheld the validity of the latter.

"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.