Almost five months after the Supreme Court refused to entertain a bunch of petitions challenging the constitutional validity of the National Judicial Appointments Commission, a second round of petitions is in the offing in the court.
Last August, a Bench headed by Justice A.R. Dave refused to look into the question of legality of the National Judicial Appointments Commission Bill, saying it was “too premature.” The Bill, accompanied by the 121st Constitution Amendment Bill, had just been passed by Parliament and sent to the State legislatures for ratification.
The Supreme Court had orally conveyed to the petitioners — chiefly the Supreme Court Advocates-on-Record Association (SCAORA), represented by senior advocate Fali Nariman — that it was too early for the court to consider the question because the Bill was not yet law and the legislative process was still on.
Justice Dave had, however, left it open for the petitioners to approach the court at a “later stage.”
Last week, the President gave his assent to both the NJAC Bill and the Constitution Amendment Bill.
SCAORA is likely to file a plea early this week. The challenge would chiefly be on the ground that the NJAC encroaches upon judicial independence.
