The Centre told the Supreme Court on Thursday that the National Judicial Appointments Commission may be constituted before May 11, but assured the apex court that it will not appoint new judges till it gives the green signal to the law.
In a brief hearing before a Constitution Bench headed by Justice J.S. Khehar, the Centre said the two eminent persons, who will be members of the six-member NJAC, would be nominated very soon.
The government was responding to anxieties voiced by the Bench on Wednesday about who would take care of immediate issues concerning the judiciary when the NJAC is under the scanner.
Justice Khehar had highlighted that there are several additional judges in High Courts across the country whose terms would end before the Constitution Bench could decide on the validity of the NJAC law.
In such cases, Justice Khehar had said an interim arrangement or body needed to be constituted to deal with these judges as they could not be “asked to go home” considering the acute shortage of judges. On Thursday, Attorney-General Mukul Rohatgi suggested that the government could chip in by quickly nominating the two eminent persons, and thus, making the NJAC functional.
The Attorney-General, however, assured the Bench that no fresh appointments would be made by the NJAC during the pendency of the Supreme Court proceedings without asking this Bench first.
Acknowledging this assurance, Justice Khehar said it would be embarrassing, especially for the eminent persons, if fresh appointments are made now and the Supreme Court eventually found the NJAC invalid.
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