The fate of the proposed National Judicial Appointments Commission (NJAC) will be known tomorrow as a five-member Supreme Court Constitution Bench headed by Justice JS Khehar is slated to deliver its verdict on NJAC’s validity.
The NDA government had amended the Constitution and got the NJAC Bill passed by Parliament on August 14, 2014 in a bid to replace the 22-year-old Collegium system for appointing judges of high courts and SC. The President had given his assent on December 31, 2014 after the more than 50 per cent of the state assemblies had ratified the amendment.
Subsequently, the government notified both the amendment and the NJAC Act on April 13 despite the fact that the SC was hearing PILs against their validity.
However, NJAC could not become functional as CJI HL Dattu refused to be part of the Commission until the SC decision on the PILs by the SC Advocates-on-Record Association (SCAORA) and others, bringing the judges’ appointment process to a grinding halt in the absence of both the Collegium and NJAC.
This has resulted in the vacancies mounting to about 400 in HCs which have a sanctioned strength of 1,150 judges.
The NDA government had amended the Constitution and got the NJAC Bill passed by Parliament on August 14, 2014 in a bid to replace the 22-year-old Collegium system for appointing judges of high courts and SC. The President had given his assent on December 31, 2014 after the more than 50 per cent of the state assemblies had ratified the amendment.
Subsequently, the government notified both the amendment and the NJAC Act on April 13 despite the fact that the SC was hearing PILs against their validity.
However, NJAC could not become functional as CJI HL Dattu refused to be part of the Commission until the SC decision on the PILs by the SC Advocates-on-Record Association (SCAORA) and others, bringing the judges’ appointment process to a grinding halt in the absence of both the Collegium and NJAC.
This has resulted in the vacancies mounting to about 400 in HCs which have a sanctioned strength of 1,150 judges.
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