NJAC gives government primacy over judiciary: Ram Jethmalani

He questions the need for a new system of appointment of judges to replace the Supreme Court Collegium.

July 08, 2015 04:32 am | Updated 04:32 am IST - NEW DELHI

Noted jurist Ram Jethmalani on Tuesday criticised the government on the new National Judicial Appointments Commission law, saying it compromised judicial independence and gave primacy to the executive.

Questioning the need for a new system of appointment of judges to replace the Supreme Court Collegium, Mr. Jethmalani was severely critical of the submissions made by Attorney General Mukul Rohatgi.

“I am appalled at the submissions made by the Attorney General [A-G] in his four-volume response. It is insulting to hear the A-G. The only issue is the primacy of CJI in the appointment of the judges which is the basic feature of the Constitution,” he submitted before a five-judge Constitution Bench led by Justice J.S. Khehar.

“The previous judgment of this court is binding and cannot be over-ruled. What insults me as a citizen of India is that A-G in his submission states that the country must adopt the Constitutional model adopted by Pakistan, Sri Lanka and Australia. These models show the supremacy of executive in judicial appointment,” Mr. Jethmalani said.

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