The Supreme Court today commenced its hearing to decide the maintainability of a batch of pleas challenging the validity of legislations meant to replace the two-decade-old collegium system of judges appointing judges with its opponents contending the Centre was wrong to describe opposition to the laws as premature for being not notified.
The Supreme Court Advocates-on-Record Association (SCAORA) and Bar Association of India (BAI), represented by eminent jurists Fali Nariman and Anil Divan respectively, opposed the Constitutional Amendment Act & National Judicial Appointments Commission (NJAC) Act and sought that direction be passed to maintain status quo otherwise the entire process would become irreversible.
They have sought that the matter should be decided and could be referred to a five-judge Constitution Bench.
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A bench comprising justices A R Dave, J Chelameswar and M B Lokur has made it clear that it was not going into the merits of the matter and was confining the hearing to consider whether challenge to the legislations was maintainable or not and whether an interim order to stay their operation can be passed or not and thirdly can it be referred to a five-judge Constitution Bench.
The stand of SCORA and BAI is different from the Supreme Court Bar Association (SCBA), which has supported the central government saying the present legislation is a "brilliant mixture of executives, judiciary and the civil society" and the functioning of the present collegium system has always been shrouded in secrecy.
