Supreme Court rejects the various petitions challenging validity of National Judicial Appointment Commission Bill

The Supreme Court on 25th August 2014 rejected a bunch of PILs challenging the validity of Constitution (99th Amendment) Bill and the National Judicial Appointment Commission Bill 2014 on the ground that these are pre-mature as the bill is still in the process of becoming law and it has only been passed by the Rajya Sabha and Lok Sabha at the moment. Since it will amend Articles 124(2) and 217(1) of the Constitution of India, it needs to be ratified by the legislatures of at least half of the States of India (i.e. min. 15 States) before being sent to the President for approval. This law will replace the present collegium system for appointment of Supreme Court and High courts judges under which the collegium comprising three senior most judges of Supreme court including the CJI recommends the appointment of High Court and Supreme Court judges. 

Under the new system proposed to be introduced by this new law, the appointment will be made by a Commission which will be called National Judicial Appointment Commission which will comprise of 6 persons comprising the Chief Justice of India, two other seniormost judges of Supreme Court, Law Minister of India and two eminent personalities who would be chosen by a panel of Prime Minister, Chief Justice of India and leader of single largest party in Lok Sabha. 

The Attorney General argued that the Court can not restrain a government from enacting a law, it will lead to chaos, it will amount to interference of judiciary in legislative and executive domain.

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Supreme Court issues notice to Election Commission on a PIL seeking direction for display of photographs of contesting candidates on EVMs

The Supreme Court of India has entertained a PIL which has sought directions to the Election Commission of India to display photographs of candidates on the EVMs to curb the practice of dummy candidates with same or similar names. The PIL raised the issue that quite often dummy candidates with same / similar names are set up by vested interests to confuse the voters which many a times alter the election result. This menace can be curbed if the photographs of the contesting candidates are displayed on the Electronic Voting Machines (EVMs) so that voters can meaningfully and properly exercise their right to vote and to ensure that their vote has gone to the candidate of their choice.

The Supreme Court’s bench of Chief Justice R.M.Lodha, justice Kurian Joseph and Justice RF Nariman, on 25^th July 2014, issued notice to the Election Commission of India returnable in ten weeks. The case is “Akash Gahlot vs Election Commission of India” Writ Petition (Civil) No.541/2014.

Sunil Goel advocate B.Sc. L.Lb L.Lm