The Supreme Court has declared unconstitutional the National Judicial Appointments Commission Act and the 99th Constitution Amendment that provided for such a body. What next for the government, which got the bills passed unanimously in Parliament and obtained the ratification of 20 State legislatures?
It has the following options before it:
1 | It can re-enact a fresh amendment to the Constitution and Bill, taking into account the concerns of the Supreme Court, but this is a long and cumbersome process as two-thirds majority is required in both Houses, and the ratification of 50 per cent of the State Assemblies. |
2 | It can seek review of the verdict, but it will come up before the same Bench. |
3 | It can once again plead that the entire case be heard before a larger Bench, but this plea has already been rejected. |
4 | It can participate in the further hearing before the court set to commence on November 3 on strengthening the present collegium system and insist on the executive also having an equal say in judicial appointments. |
Surprised by the verdict of the Supreme Court on NJAC. NJAC was completely supported by Rajya Sabha and Lok Sabha; it had 100 per cent support of the people: Law Minister D V Sadananda Gowda |
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