In a jolt to the government, the Supreme Court today refused to entertain its plea for immediate reference of the challenge to the NJAC to a larger bench and decided to go into the merits of the issue from June eight.
At one stage, the bench headed by Justice J S Khehar also said there were provisions that the National Judicial Appointments Commission (NJAC) can function even if the Chief Justice of India has decided not to participate.
A five-judge constitutional bench also clarified that the issue relating to challenge to the National Judicial Appointment Commission Act, 2014 can be referred to a larger bench at the later stage, if required.
Further, the bench directed that as an interim measure, additional High Court judges, whose present stint is due to end in near future, will continue in office for three months.
The bench did not accept the request of Attorney General Mukul Rohatgi that the matter be heard after the summer vacation--in the month of July.
"This country or court may not have a matter of this importance. This is the enactment of the law by Parliament which has a majoritorian rule. This is a serious matter," the bench, also comprising Justices J Chelameswar, M B Lokur, Kurian Joseph and Adarsh Kumar Goel, said.
The bench made it clear that it needed to hear the matter at the earliest as a detailed judgement has to be delivered for which time would be needed and vacation helps the judges in penning the verdicts.
