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NJAC judgment ignored basic structure of Constitution: Jaitley

Union Finance Minister Arun Jaitley has strongly criticised the Supreme Court’s scrapping of the 99th Constitutional Amendment or the National Judicial Appointments Commission (NJAC) Act, saying the “Supreme Court’s judgment may be final, but it is not infallible” and that it privileged a certain “tyranny of the unelected” in its logic.

In a blog post, Mr. Jaitley said the verdict raised several issues in his mind, particularly the fact that “politician bashing seems to be the key ingredient of the judgment” and this ignored the “basic structure of the Constitution” where parliamentary democracy was central and where the will of the people (as represented by elected representatives) was sovereign. He said the judgment was based on the premise that the independence of judiciary would be compromised because of the presence of politicians on the judges appointment commission, that judges thus appointed would feel indebted to the politicians.