The National Judicial Appointments Commission (NJAC) Act, 2014 which ends the two-decade-old collegium system of judges themselves selecting and appointing judges for higher judiciary was on Monday challenged in the Supreme Court. The separate petitions filed by Supreme Court Advocates- on-Record Association (SCAORA) and senior advocate Bhim Singh comes barely a week after President Pranab Mukherjee accorded assent to them.
SCAORA has opposed the NJAC Act and the Constitution 121st Amendment Bill on various grounds including that the new legislation violated the basic structure of the Constitution and was therefore invalid, void and unconstitutional.
The Association's petition settled by eminent jurist and senior advocate Fali S Nariman contended that the National Judicial Appointments Commission Bill passed by both the houses of Parliament in August 2014 was beyond the legislative competence of Parliament and was in violation of Articles 124(2) and 217(1) of the Constitution and as such is invalid and void. The petition filed by Singh challenged the legality and constitutional validity of the NJAC Act, 2014 and the constitution (121st Amendment) Bill, 2014, saying that the new process is likely to jeopardize the appointment of judges in higher courts resulting in further delay in rendering justice to the common people of the society who are already suffering from delaying process of justice.
Singh, who is also the chief of Jammu and Kashmir National Panthers Party, termed them as illegal, arbitrary and unconstitutional and contended the new system will result in excessive dominance of the executive in appointment of judges to the superior judiciary and recommendation of the Chief Justice of India would be reduced to mere suggestion.
Singh challenged the legality and constitutional validity of the NJAC Act, 2014 saying that it is violative of Articles 14, 21 and other provisions of the Constitution and the foundation for the principle of judicial independence. He said that on December 31, 2014, President of India has given his assent to two bills including, the NJAC Bill, 2014 and the constitution (121 Amendment) Bill, 2014 and "the aforesaid two Acts have caused excessive dominance of the executive in the mater of appointment of judges to the superior judiciary as well as in the formation of its structural composition discarding the opinion of Chief Justice of India."
"... in all the matters thereof totally derogating the indispensable independence and integrity of the judiciary, which is inconsistent with the letter and spirit of the Constitution contrary with the oath and affirmation made and subscribed bearing "Allegiance to the Constitution of India", it said.
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