Amid questions being raised on the independence of the judiciary in the case of Delhi High Court judge Justice Yashwant Varma, Rajya Sabha Chairman Jagdeep Dhankhar has again referred to the National Judicial Appointments Commission (NJAC) Act.
No provision for judicial review of a constitutional amendment
Describing the NJAC as historic, Dhankhar said that if it had been implemented, things would have been different. He also said that there is no provision for judicial review of a constitutional amendment. Dhankhar said in the Rajya Sabha on Tuesday, keeping dignity in mind, this House had made a law in 2015.
A suitable opportunity for all of us to repeat it
The Parliament had passed it unanimously. The President had certified it by signing under Article 111. Now it is a suitable opportunity for all of us to repeat it. It is worth noting that the NJAC Act was brought to change the collegium system. In 2015, the Supreme Court had rejected it, terming it unconstitutional.
Review by constitutional provisions
Dhankar said that there is no constitutional provision for review or appeal of amendment in the Constitution. If any law is made by Parliament or the state, then judicial review can be done to see if it is by the constitutional provisions or not. He said that now the country is facing two situations, one is NJAC which has been passed by Parliament, supported by the state assemblies, and signed by the President and the other is judicial order.
Suggestion to adopt the same mechanism again
Dhankar said, 'I strongly urge the members to consider that no violation can be done by any institution of what is passed by Parliament and approved by the legislatures. The same mechanism should be adopted again in this case. He had also mentioned NJAC on Friday.'
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