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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