Petitioners say Parliament can’t set up judges’ appointment panel
Picture used for representational purpose. (Photo: PTI/File)
Hyderabad: The Supreme Court will hear on Monday petitions challenging the Judicial Appointment Bill and the 121st Constitutional amendment by which the collegium system for appointment of judges in higher judiciary will be scrapped and a new mechanism under National Judicial Appointment Commission is proposed to be put in place.
Former additional solicitor general Bishwajit Bhattacharya and Supreme Court advocates R.K. Kapoor and Manohar Lal Sharma moved separate petitions before the apex court challenging the Judges Appointment Bill.
While making a special mention before a bench headed by Chief Justice of India R.M. Lodha, the petitioners urged the bench to take up the matter as urgent as it involves crucial questions with regard to constitutional validity.
The petitioners contended that the 121st Constitutional Amendment Bill and the NJAC Bill, 2014, were unconstitutional as they violate the basic structure of the Constitution.
They submitted that the Constitution itself recognises a clear demarcation separating the judiciary from the executive under Article 50 of the Constitution and Article 50 of the Directive Principles of the State Policy under the Constitution, and is applicable to both lower judiciary and higher judiciary.
The petitioners said that the move by the Centre will whisk away the independency of the judiciary. The petitioners submitted that the Parliament has no right to pass a bill to create a Judicial Commission for appointments of judges, without amending the Constitution. Rajya Sabha had on August 14 approved the bills with majority.
( Source : dc correspondent )
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