The decision of the honourable Chief Justice of India, H. L. Dattu, would affect the plan of Government as to constitution of the Nation Judicial Appointments Commission- NJAC, before 4th of May, as is promised by it to the Constitution Bench.
The said decision is appeared in the letter communicated by honourable CJI, H. L. Dattu, addressed to the Prime Minister of India, Narendra Modi, where CJI has categorically refused to take part in the said the National Judicial Appointments Commission, which now would result in stalling of any immediate chances of constituting the new body for appointment of judiciary.
It is also appeared from the said Letter which was written by Chief Justice of India, Dattu on 25th of this Month, that the same is in response to the call received from the Officer of Prime Minister, Modi, for attending the meeting which was proposed on the issue of settling the Two eminent persons. CJI has specifically pointed the attending of said meeting as will be neither appropriate nor he is desirable to take part in the same or even in the National Judicial Appointment Commission- NJAC, until its validity will be decided by the Honourable Apex Judicial Authority- SC.
The said refusal by honourable CJI, Dattu was informed by Mukul Rohatgi, the Attorney General to a Constitution Bench led by Justice, J.S. Khehar on this Monday.
Due to such decision and non presence of CJI, the High-power Committee comprising of Prime Minister of Country and the Leader of the Single Larger party in the House of People, will become meaningless and helpless in the matters of the Selecting the Two eminent persons. Notably, without nomination of these Two eminent persons, the constitution of National Judicial Appointment Commission, cannot be done.
It can be seen that the said NJA Commission is expected to play the role of Interim Mechanism for considering the confirmation of existing additional High Court Judges, the tenures of them would end during the pendency of hearing on constitutional validity of legislation on NJA Commission, before the Constitutional Bench of the Apex Court. However, the said letter of Chief Justice of India has served to pull down the assurance which has been given to the said Bench.
Also there is already an assurance from the side of Central Government that, till the Honourable Apex Court’s final decision on the Constitutional Validity of the NJAC, will arrive, the Centre will no appoint new judges.
The Constitutional Bench of honourable Apex Court, comprising of Five- Judges, including Justice, J. S. Khehar, Justice, Madan B. Lokur, Justice, J. Chelameswar, Justice, Kurian Joseph and Justice, A. K. Goel, has started on this Monday, and it is expected that they will hear the matter on day to day basis for ongoing fourteen days until the Summer Vacations for the Court will arise.
by Faim Khalilkhan Pathan.
