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SC bar association supports NJAC Act

SC bar association supports NJAC Act
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“There is unanimity in the view that there are serious pitfalls in the collegium system,” SCBA president and senior advocate Dushyant Dave told a three-judge bench headed by Justice A R Dave. The government of the day is free to notify the Act at a “politically opportune” time, the bar leader said, adding, “the Constitutional amendments are never stayed by the courts and even for staying an Act, extreme caution should be exercised and it can be done in the rarest of rare cases.”

He said that the pleas, challenging the validity of the Constitutional Amendment Act & the National Judicial Appointments Commission (NJAC) Act, are “premature” as they have not been notified.

“You cannot test a law on the premise that it may be abused in future,” Dave told the bench, also comprising justices J Chelameswar and Madan B Lokur and sought dismissal of pleas opposing the laws.

Referring to senior advocate F S Nariman’s arguments against the laws, Dave said, “Mr. Nariman has said it publicly he is sad that he appeared in the second judges case (which had paved way for collegium system)”.  

In his rejoinder submissions, Attorney General (AG) Mukul Rohatgi, appearing for the Centre, took his defence to the laws to a higher level and said, “even if the Act is notified tomorrow, there would not be any cause of action unless it is operational and something happens in a specific case.”

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