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- Why? because the body (NJAC) sought to be created, does not have the salient features of the body (collegium) substituted.
- Arguments – In the NJAC, no “weightage or primacy” has been given to the views of the CJI in selection of judges.
- Who will decide if the panel gets divided vertically on the question of appointment of a judge.
- “Preponderance” of views of 3 senior most judges of the apex court, as recommended by the Venkatachaliah panel, has not been not provided for by the NJAC Act.