SC wants to know whether NJAC provisions violate Constitution

The Supreme Court on Thursday sought to know the Centre’s stand on certain provisions of National Judicial Appointments Commission (NJAC) Act on the selection of high court judges which opponents of the new system allege violate the federal structure.

The provisions in the new law pertain to the appointment of the chief justice of High Court and also the NJAC while shortlisting a candidate as a judge of the High Court can seek his opinion. “Will this not destroy the federal structure,” a five- judge Constitution Bench headed by Justice J S Khehar wanted to know and asked Solicitor General Ranjit Kumar for an answer.

The apex court asked the Solicitor General to address the issues after senior counsel Arvind Dattar, appearing for a lawyers’ body from Chennai, criticised Section 6(1) and Section 6(3) of the NJAC Act coupled with their requirement of “ability, merit and any other criteria of suitability”.

He said <g data-gr-id="15">new</g> law on <g data-gr-id="16">appointment</g> of judges “destroys” the independence of <g data-gr-id="17">judiciary</g> as it defies the principle of separation of powers by bringing it under parliamentary control.

“The creation of the National Judicial Appointments Commission (NJAC), in the present form, would destroy <g data-gr-id="20">independence</g> of <g data-gr-id="21">judiciary</g> and also the principle of separation of powers.