Aug 18 -2014 Time-1.00 P.M AAP News & Update— Writ in Apex Court challenging National Judicial Appointments Commission and Constitution Amendment Bill. livelaw.in/writ-apex-court-challenging-national-judicial-appointments-commission-constitution-amendment-bill/ A Public Interest Litigation has now been filed by advocates R. Krishnamurthy and N. Rajaraman, in the apex Court of the Country, challenging the National Judicial Appointments Bills which lays down a procedure for appointment of Judges to the higher Judiciary. The petition has also attacked the Constitution Amendment Bill which would confer a Constitutional status to the NJAC. The Petition contends that the Bill violates basic structure of the Indian Constitution, independence of Judiciary and goes against the Doctrine of Separation of powers. They alleged that the 2013 Bill was withdrawn in haste and a new Bill introduced, without any consultation with the Judiciary or the State Governments, making a farce out of concept of Federalism while legislative initiation. Federalism was declared to form a part of the Basic Structure of the Indian Constitution. It is submitted that the Rules and Regulations for short listing of candidates hasn’t been provided in the Bill. On all these grounds, the two advocates have sought a declaration that the two Bills are unconstitutional and hence, seek a direction that the appointments should be made only by consultation with the collegium of Judges. NJAC provides for appointment of Judges solely based on seniority and merit. The veto power granted to two members would result in supersession of Judges as had happened during the Emergency period. This is the second writ petition filed against the NJAC, the first being by Advocate M.L. Sharma. Elaborating on the system of elected Judges, prevalent in U.S., Mr. Ram Jethmalani writes, “This system of elected judges will not work in India anyway. Judicial accountability cannot be guaranteed by popular electability. judges represent the law and not votes, and judges elected by the people would merely be labeled as another bunch of politicians…..We have, therefore, to evolve an effective mechanism of insulating judges against politics and getting involved in political motivations of the kind which have disgraced some sections in the past not only in this country but also elsewhere.” Also, former Union Law Minister Kapil Sibal and eminent Jurist Fali Nariman had decided to challenge the Constitutional validity of Constitution (121st Amendment) Bill, 2014, and the National Judicial Appointments Commission Bill, 2014. Read the LiveLaw story here. Members of the Bar have been expressing their concern over judicial scrutiny of the Bill. Senior Supreme Court advocate P.P. Rao reportedly said the Bill “is an exercise for the Executive to get a handle on judicial appointments”. “This is part of the party in power’s attempts to politicize constitutional offices. We cannot afford to have politics in court. The judicial collegium has its defects, but this Bill is not the solution,” Mr. Rao said. Challenging the “concept” of having two eminent persons as members of the Commission, Mr. Rao asked, “What is this concept of eminent persons in the Bill? The Bill does not explain the term ‘eminent’ in the context of their proved ability to select the able candidates as judges to the highest courts. What is this reservation for one of the eminent persons?” Senior advocate Anil Divan said the government “hurried too much, leaving weak spots in the Bill”. But the former Chief Justice of India V.N. Khare, who was part of the high-level consultations held on the Bill, said there was no such need of taking an “advisory opinion” from the judiciary. Senior advocate Raju Ramachandran agreed, saying that “it is not the job of the judiciary to advice the Legislature on how to draft a Bill”. He said the Bill indeed saw long discussions and a consensus. “The dialogue over judicial appointment law has been going on since last year. It was started by the previous government and was renewed by the new one. Eminent lawyers were consulted. There has been consensus across the political spectrum,” he added. The Collegium system has off late seen a lot of criticism, especially in light of Justice Katju’s revelations. Read the revelations and their implications here. Analysis----I think this P.I.L seems to favour the Collegium System for the Appointment of Judges of Higher Judiciary. If we analyze the Govt. Institutions , Autonomous Institutions in India , it becomes crystal clear that Each New Employee has to go through a lengthy & cumbersome Selection Cum Interview procedure , before he or she is finally selected/inducted .Moreover Accountability & responsibility is fixed for the New Employee. Then Why Judiciary should be kept outside the purview of Selection Procedure as Proposed in the National Judicial Appointments Commission ? Rather the appointment of Judges of Higher Judiciary should be done only through the Proposed National Judicial Appointments Commission , which should further be made more Transparent & all the Judges should be held accountable & Responsible for their Verdicts , in an attempt to introduce Major Judicial Reforms in India , to provide Corruption free & Timely Justice to the common masses of the Country . So the Govt. seems to have taken bold decision to Eradicate corruption in Higher Judiciary. Moreover More stringent Transparent & Disciplinary measures should be incorporated in the Proposed National Judicial Appointments Commission so as to discipline the corrupt & erring Judges of Higher Judiciary , thereby to provide timely Justice to the People of India. The collegium system should be abolished all together , otherwise , Corruption will continue to spread its tentacles in the Higher Judiciary because of Elevation of Corrupt Judges to the Highest Posts in Higher Judiciary , who will continue to deliver Biased Verdicts. Note-All AAP Volunteers , AAP supporters , Indian Citizens , NRI’s , who are ready to accept AAP’s Ideology of “Self Governance “are welcome & hence are requested to kindly join the Political revolution of AAP to make India “A Corruption free Country”. So kindly join the group---AAM AADMI Party, Chandigarh & Northern Region , by clicking the following Link & then joining this group, also Convince your friends , Colleagues , Near & Dear Ones to join & share the same , for AAP News , Articles & Updates. https://facebook/groups/aapchandigarhandnorthernregiongroup Tirath Singh Saini , Chandigarh. India. Jai Hind AAP Membership No.—9000306205.
Posted on: Mon, 18 Aug 2014 09:10:28 +0000
Trending Topics
Recently Viewed Topics
© 2015