There is no judicial review of constitutional amendment: Rajya Sabha Chairman Dhankhar mentioned NJC in Justice Varma's case, know.


Posted on 26th Mar 2025 10:46 am by rohit kumar

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.'

1 Like 0 Dislike
Previous news Next news
Other news

Shubman Gill wreaked havoc with the bat in England, breaking Rahul Dravid's 23-year-old record.

Indian Test captain Shubman Gill made a historic record on English soil on 13 July. He broke the

Jammu Kashmir: MLAs clashed outside the assembly, a scuffle took place; huge uproar in the House over the Waqf law

There is a ruckus in the Jammu and Kashmir Assembly on the third day over the Waqf Act. National

14-year-old Vaibhav Suryavanshi faced jeering from Pakistani fans; watch the video to see how the Indian cricketer reacted.

Indian young sensation Vaibhav Suryavanshi faced jeering from Pakistani fans after the Under-19 A

'Due to the terrorist attack in India...', Pakistan's first reaction on Pahalgam attack; Know what it said

So far 27 people have been reported dead in the terrorist attack in Pahalgam, Jammu and Kashmir.

Arjun Tendulkar: Is Arjun Tendulkar engaged? Big claim in reports; Know who his fiancée is

Arjun Tendulkar, son of former India batsman Sachin Tendulkar, is engaged. According to an India

'Governor has no veto power, keeping bills pending is illegal', SC's important comment on Tamil Nadu Government vs Governor case

The Supreme Court on Tuesday made an important comment on the dispute between the Tamil Nadu gove

Diljit Dosanjh: Ashok Pandit cornered Naseeruddin Shah for supporting Diljit, said- 'They call us goons'

The controversy over Diljit Dosanjh's recently released film 'Sardarji 3' is not stopping. The fi

'We are different from Hindus', Pak Army Chief spews venom against India while issuing threats on Kashmir

Pakistan's army chief General Syed Asim Munir has made a sharp statement against India and Hindus

PM Modi's reply to Trump from Kashi, said- 'The government will do whatever is in India's interest'

Prime Minister Narendra Modi is on a visit to Varanasi on Saturday. This is PM Modi's 51st visit

Virat Kohli in trouble before IPL final, Karnataka police filed FIR against pub; serious allegations leveled

Karnataka Police has filed an FIR against cricketer Virat Kohli's pub, One8 Commune in Bengaluru.

Sign up to write
Sign up now if you have flare of writing..
Login   |   Register
Follow Us
Indyaspeak @ Facebook Indyaspeak @ Twitter Indyaspeak @ Pinterest RSS



Play Free Quiz and Win Cash