New Delhi, March 19 (IANS) The Supreme Court was told on Thursday that the National Judicial Appointment Commission Act, 2014 was a still-born law.
Pointing out that the Constitution (Ninety-ninth Amendment) Act, 2014 making a constitutional provisions for NJAC became a reality on January 1, 2015 only after President Pranab Mukherjee gave assent on December 31, 2014, senior counsel Fali Nariman told the apex court bench of Justice Anil R. Dave, Justice J. Chelameswar and Justice Madan B. Lokur that the government can't make preparation for implementation of a law (NJAC Act, 2014) which can be passed only now.
Appearing for the Supreme Court Advocate on Record Association which had challenged both the constitution amendment and the NJAC Act, Nariman told the court that parliament can't pass a law which is contrary to the provisions of the constitution and all exercises for operationalising NJAC will fall.
Telling the court that passing a law without supporting constitutional provisions goes to the root of the matter, Nariman said that it does not require a hearing by a five-judges bench to decide the matter.
Agreeing that parliament is supreme, Nariman said: "Of course, parliament is supreme. But it was not made aware in the statement of object and reasons of the NJAC Act and constitutional amendment as to why government went back on former chief justice M.N. Venkatachaliah Commission's recommendation for a five-member National Judicial Commission with three judicial members.
"You may change the mode of appointment of judges if you uphold the independence of judiciary and preponderance of judicial members," Nariman said adding that the government can't wish away the judgment of nine judges.
Earlier, when senior counsel Dushyant Dave appearing for the Supreme Court Bar Association sought to stump Nariman by referring to his criticism of collegium system, Nariman retorted saying that "criticism does not entitle the Executive to assume power" for appointing judges.
Dave - also the president of SCBA - supported the NJAC saying that the court could not stay a constitutional amendment and it was only in rarest of rare situation that the operation of a statute was put on hold.
Senior counsel T.R. Andhyarijuna submitted: "We are plunging into an uncharted field. Both the constitution amendment and NJAC Act, 2014 are a law. It has to be brought into operation. Until it is brought into operation, only then it can be examined."
Attorney General Mukul Rohatgi in his intervention once again told the court that challenge to both - the constitutional amendment and NJAC Act - was pre-mature and academic as it has yet to be operationalised.
He said that even after NJAC Act is operationalised it can't be challenged next day as a cause for challenging its validity has to surface before it is challenged.
The court was told this in the course of the hearing a batch of petitions challenging validity of the Constitution (Ninety-ninth Amendment) Act, 2014, that provides for setting up the National Judicial Appointment Commission (NJAC) and for enabling statute the National Judicial Appointment Commission Act, 2014.
The hearing will continue March 24.
You can check ECG and BP sitting at home on this smartwatch for less than 3 thousand rupees.
Amazon Deal On Smart Watch: A smartwatch is available on Amazon which costs less than Rs 3 thousand but the features are surprising. ECG test, heart rate monitor, oxygen level, and BP can also be
IND vs WI: KL Rahul is almost certain to be out from the T20 series, who will open with Rohit Sharma?
The five-match T20 International series between India and West Indies is to be played from July 29. Captain Rohit Sharma and Rishabh Pant were rested from the ODI series and both have joined the
Bengal by Election Video: BJP candidate Agnimitra Paul's car attacked, stone pelted during Asansol bypoll
Voting is underway for by-elections to one Lok Sabha and one assembly seat in West Bengal. During this, there was a scuffle with the security personnel of BJP candidate Agnimitra Paul in booth number
Moto G82 5G: With tremendous battery and powerful camera, this Smartphone is coming to rule the hearts, know the price
Moto G82 5G Price In India: It seems that Motorola's series is not taking the name to the end, as the company is launching new phones almost every week. Now it is being said that Motorola is planning
Yogi said in the assembly: Taliban supporters should be ashamed, there is a massacre of women and children
Uttar Pradesh Chief Minister Yogi Adityanath has launched a scathing attack on those who support the Taliban. He said that those who are supporting the Taliban should think about the women and
Chennai lost due to Dhoni's slow batting: CSK, moving towards 200 runs, could only make 150, Mahi's 26 runs off 28 balls
Mahendra Singh Dhoni is called the greatest finisher in the world of cricket. Fans were hoping that Mahi would show his old style in his last match of IPL 2022 and take Chennai to a big score. Dhoni
Oppo A96 got a cut of Rs 1000, know the new price and features
Oppo A96 Discount Offer: If you are planning to buy Oppo's smartphone then this news is for you. Oppo has drastically cut the price of its new mid-range smartphone Oppo A96. The phone is now available
International Flights To Resume: Good news for those celebrating New Year, Christmas holiday abroad, International Passenger Flight Service started from 15th December
International Flights To Resume: There is good news for air travelers going abroad on the occasion of New Year and Christmas. The government has permitted international travel for other countries
Muslim girls can marry in 15 years: Hijab, after triple talaq, why there is a ruckus on the age of marriage?
The date of debate has been approved in the country\'s highest court against another rule of \'Muslim Personal Law\'. This time the issue is the age of marriage for Muslim girls.
Randeep-Lin Wedding Reception: After marriage in Manipur, Randeep-Lin will now give a reception in Mumbai, date revealed
Randeep Hooda-Lin Laishram Wedding Reception: On November 29, Randeep Hooda held the hand of his long-time girlfriend Lin Laishram forever.