The mechanism of appointment of judges will not violate the basic structure of the Constitution
Supreme Court of India
New Delhi: The Centre will inform the Supreme Court on Monday that the mechanism of appointment of judges to the High court and the Apex Court by the National Judicial Appointments Commission will not in any manner violate the basic structure of the Constitution.
Though the NJAC had come into force, its composition is not complete as the Chief Justice of India H.L. Dattu has refused to participate in the meeting to select two eminent persons to the six-member body.
The Centre has decided to criticise the flaws in the collegium system propounded by a nine-judge bench in 1993 and reiterated in 1998. According to the government the two decisions giving absolute power to the collegium had disturbed the checks and balances and separation of powers provided in the Constitution. The AG has prepared a chart indicating the number of times the collegium went ahead with appointments despite government opposition.
( Source : dc )
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