NJAC Act violates ‘basic structure’ of Constitution, Apex Court told

A day after Chief Justice of India H L Dattu refused to attend meeting to select two members to the NJAC panel, various Bar bodies on Tuesday told the Supreme Court that the validity of new law on appointment of judges cannot be sustained as it violates "basic structure" of the Constitution.

"Basic Structure is violated because the body (National Judicial Appointments Commission-NJAC) sought to be created, does not have the salient features of the body (collegium) substituted," senior advocate Fali S Nariman, appearing for Supreme Court Advocates on Record Association (SCAORA), told a five-judge Constitution bench headed by Justice J S Khehar. SCAORA, Bar Association of India (BAI) and few others are challenging validity of the National Judicial Appointments Commission Act, 2014 and enabling Constitution (99th amendment) Act 2014.