Judicial Appointments Conundrum Pre-NJAC Verdict

NJAC Act violates ‘basic structure’ of Constitution: Bar bodies to SC

  1. Why? because the body (NJAC) sought to be created, does not have the salient features of the body (collegium) substituted.
  2. Arguments – In the NJAC, no “weightage or primacy” has been given to the views of the CJI in selection of judges.
  3. Who will decide if the panel gets divided vertically on the question of appointment of a judge.
  4. “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.
  1. Why? because the body (NJAC) sought to be created, does not have the salient features of the body (collegium) substituted.
  2. Arguments – In the NJAC, no “weightage or primacy” has been given to the views of the CJI in selection of judges.
  3. Who will decide if the panel gets divided vertically on the question of appointment of a judge.
  4. “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.