Supreme Court will decide regarding the composition of bench to hear NJAC matter

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Supreme Court today which heard the issue relating to the question regarding composition of the Bench which shall hear the challenge regarding the validity of National Judicial Appointments Commission (NJAC). After fixing the matter for Wednesday 22 April 2015 court held that main issue regarding who will hear the issue of this matter should be decided first.

In this matter the main arguments were whether those who form part of the collegium and who will be a member of NJAC should not be part of the hearing. NJAC will be replacing the collegium system which appoints the judges of higher judiciary. This was raised in a petitions that were filed and which objected that Justice Khehar’s was part of the said Bench, which heard the NJAC matter as Justice Khehar was part of collegium and will be a Chief Justice of India too in some years later. Senior Advocate Fali Nariman who appeared for Supreme Court Advocates on Record Association (SCAORA) said that Justice Khehar will be part of collegium. Justice Khehar also confirmed that he has written to CJI Dattu about the same and told he will not be part of the collegium or NJAC till the case is concluded. Nariman then said the court that the issue of who will hear the matter should be decided by another Bench which will comprise of 4 Senior Judges and CJI totally 5 judges. But the court did not agree up on this and said the bench will be heard next day. Justice Khehar had asked that both sides must complete their issues soon so that it can be decided faster. It was further stated that only 3 lawyers will argue from each side and thus both the parties agreed on it and so it was put up at 10.30 am tomorrow.

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Bench had reserved its judgement on March 24 when Attorney General Mukul Rohatgi said that the pleas should be dismissed as it was an early act. AG Rohatgi had referred to many case laws and argued that Parliament had the power to make laws and it was plenary and so its power where it clears the law on floor of the house should not be tested by any court.

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by Sushma Javare.