Judicial Appointments Conundrum Pre-NJAC Verdict

[op-ed snap] Interpretive remedies in NJAC case

  1. Op-ed suggests that besides the binary options of accepting or striking down the NJAC, the SC can also try to find a middle path and interpret it in a way that is constitutional. Following are some proposals:
  2. Defining ‘eminent’ person more narrowly with little scope of exploitation.
  3. Modifying the process of appointment of ‘eminent person’ and providing strict guidelines.
  4. Increasing judiciary’s say in the NJAC by giving exclusive veto power to judges.
  5. Laying down fixed rules and regulations to be followed in the appointment of judges.

 


 

  1. Op-ed suggests that besides the binary options of accepting or striking down the NJAC, the SC can also try to find a middle path and interpret it in a way that is constitutional. Following are some proposals:
  2. Defining ‘eminent’ person more narrowly with little scope of exploitation.
  3. Modifying the process of appointment of ‘eminent person’ and providing strict guidelines.
  4. Increasing judiciary’s say in the NJAC by giving exclusive veto power to judges.
  5. Laying down fixed rules and regulations to be followed in the appointment of judges.
  6. Op-ed also suggests that in doing so, the SC must maintain the thin line between judicial interpretation and legislative amendment, failing which the judiciary could be seen as overstepping in the legislature’s turf.
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