NJAC against constitution, says Supreme Court

New Delhi: To consider introduction of appropriate measures, if any, for an improved working of the “Collegium system, the SC bench, which passed the order on NJAC, directed the matter to be listed for further hearing on November 3.

The court said the laws violated the basic structure of the Constitution and impinged on the independence of the judiciary.

The majority view rejected the Centre’s plea to refer the issue for determination and reconsideration by a larger bench of nine judges to reconsider the 1993 and 1998 verdicts (each by nine judges), under which the Collegium system was adopted.

The bench said: “Articles 124A(1)(a) and (b) of the Constitution (introduced after the amendment) do not provide for an adequate representation in the matter to the judicial component, to ensure primacy of the judiciary in the matter of selection and appointment of judges to the higher judiciary, and, therefore, the same are liable to be set aside and struck down as being violative of the ‘basic structure’ of the Constitution. We are satisfied the ‘basic structure’ of the Constitution would be clearly violated if the process of selection of judges to the higher judiciary was to be conducted in the manner contemplated through the NJAC.”

Till 1993, judges to the higher judiciary were appointed by the President in consultation with the Chief Justice of India, who was given primacy in making the recommendations. In 1993, a nine-judge bench expanded the scope and role of the CJI to a “collegium of judges”.

Justice Khehar said, “The participation of the Union law minister in the final determinative process, as also the participation of the Prime Minister and the Leader of the Opposition in the Lok Sabha in the selection of ‘eminent persons’ cannot be accepted...if those involved in the process of selection make wrongful selections, it may well lead the nation into a chaos of sorts.”