SC Likely To Decide Maintainability Of Petitions Challenging Validity of NJAC Act Today

07 April, New Delhi

The Supreme Court is likely to pronounce its judgement today, Tuesday on maintainability of petitions challenging the validity of a constitutional amendment and the National Judicial Appointments Commission, NJAC Act, meant to replace the two decade old collegium system of judges appointing judges.

A three-judge bench of justices A R Dave, J Chelameswarand Madan B Lokur had reserved its judgement on March 24, after Attorney General Mukul Rohatgi, appearing for the Centre, wrapped up his rejoinder arguments saying that the pleas be dismissed as they were premature and academic in nature.

Those opposing the new law on appointment of judges for higher judiciary has submitted that the issue should be referred to a Constitution Bench of five judges.

Referring to various case laws, the Attorney General had argued that the power of Parliament to make law is plenary and the methodology adopted by the legislature in clearing the law on the floor of the House cannot be tested by the court.

Rohtagi had made the submission after noted jurists like F S Nariman and Anil Divan and some others had contended that as per constitutional scheme, the NJAC Act should not have been passed ahead of enabling constitutional amendment.

The apex court had said it could proceed on the merits of the matter only after deciding whether the petitions challenging the validity of the Constitutional Amendment Act and the NJAC Act were maintainable or not.