#NJAC Judgment reflects a craving of the Judiciary to arrogate to itself the Power of Appointment
This is an unfortunate judgment. Almost all the doyens of the legal fraternity welcomed the proposal made by the Justice M N Venkatachaliah Commission for creating National Judicial Commission in which both the Executive and the civil society should also be involved along with judges. The very fact that one of the senior judges of the five-judge bench in the present case advanced very sturdy and valid points for holding that the Amendment was not vitiated by any virus, was enough not to throw the Constitutional provision overboard on the mere assumption that such minimal involvement of executive representative and civil society would vitiate the selection. In my view, the five-judge bench of the Supreme Court failed in two aspects: a matter involving such momentous importance supported by the entire Parliament and the entire federal units of the Republic should have been referred to a much larger bench, at least as large a bench as that which formulated the collegium system. Every endeavour should have been made to protect the people’s verdict reflected in the Constitution amendment by a process of reading down the doubtful clauses either restricting or expanding its scope through the interpretative process as was done by the Supreme Court in the case dealing with Article 21, Article 356 Article 15.
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#NJAC Conundrum; Re-Cap of Arguments and Counter Arguments with Written Submissions
#NJAC Conundrum; Re-Cap of Arguments and Counter Arguments with Written Submissions
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100 Important Supreme Court Judgments Of 2023 - Part 4 [76 to 100]