‘Idea of primacy flawed’

In an introspective judgment, Justice J. Chelameswar disagreed with his four fellow judges on the Constitution Bench which delivered its judgment on the NJAC, saying that their understanding that the judiciary was the only constitutional organ protecting the liberties of the people was wrong.

Upholding the 99th Constitutional Amendment, and the only judge to do so on the Constitution Bench, Justice Chelameswar wrote in his separate judgment that the idea of “primacy of judiciary” was flawed. He said there was nothing of the sort in the Constitution.