Judicial Appointments Conundrum Pre-NJAC Verdict

CJI recuses from NJAC, govt calls it ‘unconstitutional’

  1. CJI H.L. Dattu has declined to join the NJAC until the SC decides on its constitutional validity.
  2. The CJI’s recusal brought the NJAC to a grinding halt as it was likely that two senior-most judges of the SC, who are members of the commission, would follow suit.
  3. Arguments from Mukul Rohtagi – The Constitution provides that eminent persons will be selected by a troika of PM, CJI and leader of opposition. Can the mandate of the Constitution be stultified? How can that be?
  1. CJI H.L. Dattu has declined to join the NJAC until the SC decides on its constitutional validity.
  2. The CJI’s recusal brought the NJAC to a grinding halt as it was likely that two senior-most judges of the SC, who are members of the commission, would follow suit.
  3. Arguments from Mukul Rohtagi – The Constitution provides that eminent persons will be selected by a troika of PM, CJI and leader of opposition. Can the mandate of the Constitution be stultified? How can that be?