The debate was triggered by counsel Anil Divan, who said the NJAC Act was flawed as the commission would be totally dependent on inputs from government departments.
“But you have to trust someone. What if we remove the Executive from the appointment process? How will they [NJAC] get information? Only the government has the machinery to gather intelligence on the sensitivity, family, integrity, etc., of a person under consideration … This is the fact, whether you like it or not,” Justice J.S. Khehar, who heads the five-judge Constitution Bench, told Mr. Divan.
- The NJAC Act did not spell out the criteria to select “eminent persons”.
- We wonder if “eminence” in the NJAC Act was the same quality the government had found in a person chosen to head the Film and Television Institute of India.