NJAC represented people’s will, Sadananda Gowda

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Law Minister D.V. Sadananda Gowda on Friday said the NJAC Act represented the will of the people as 100 percent of the Lok Sabha and Rajya Sabha members supported it.

His statement came after the Supreme Court on Friday struck down the National Judicial Appointments Commission Act as unconstitutional and void and restored the collegium system for appointment of judges to the higher judiciary.

(Also Read: Jolt to Modi govt, Supreme Court scraps rule for picking judges)

Gowda said he would not comment further as he was yet to read the judgement.

Gowda added, “I am not going to make any statement as far as this judgement is concerned because I have not gone through the judgement. We have to go through it in detail.”

Hans Raj Bhardwaj, Former Union Law Minister said, “Historic decision by SC.”

Attorney General AG Mukul Rohatgi said, “It was decided that the Collegium system will be brought back, to make that system better.”

“Union Minister Ravi Shankar Prasad said, “Surely will go through judgement and come with a structured response. But it is indeed very important to recall the circumstances in which the constitutional amendment came to be passed. We respect the judiciary.”

Congress spokesperson RS Surjewala said, “Congress respects judgement of the Supreme Court of India.”

The Supreme Court on Friday struck down the constitution’s 99th amendment and the National Judicial Appointments Commission Act.

The court thus restored the Collegium System for appointment of judges to the higher judiciary.

In a “collective order”, the five-member constitution bench, comprising Justice Jagdish Singh Khehar, Justice J. Chelameswar, Justice Madan B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel, said that the constitution’s 99th Amendment and the NJAC Act were unconstitutional and void.

The constitution amendment and NJAC Act were brought to replace the 1993 Collegium System for the appointment of judges to the Supreme Court and the high courts.

The court said the system of “appointment of judges to the SC, chief justices and judges of the high courts and the transfer of chief justices and judges of the high courts that existed prior to the amendment begins to be operative”.

The court sought suggestions from the bar for improved functioning of the Collegium System.

Hearing for the same will take place on 3 November.

Under NJAC, notified in April, judges were to be chosen by the NJAC, which comprised a team of six members that included the Chief Justice of India, the two most senior judges of the Supreme Court, two eminent persons, and the union law minister.

The NJAC was passed in Parliament and notified by the government even as the Constitution bench was hearing petitions challenging it.

A few days after the appointments panel was put in place, the Chief Justice of India, HL Dattu, wrote to Prime Minister Narendra Modi, saying that he would not be a part of it until the Supreme Court decides on its validity.

Petitions were filed by a Supreme Court advocates’ group, among others, argued that the new law was unconstitutional and demolished the independence of the judiciary by giving the government a big role in the selection of judges.

The constitutional bench had reserved its judgement on July 15 after a marathon hearing for 31 days.

The central government had defended the new system, saying the collegium system where judges appointed judges was not free from defects.

During arguments before the Constitution Bench of the Supreme Court, the central government’s top lawyer, Attorney General Mukul Rohatgi, had said it was a myth that judges alone could decide on who was the best person to be a judge.

3 COMMENTS

  1. WHAT RUBBISH. DON’T MISLEAD PEOPLE SAYING : IT’S PEOPLES WILL ” because IT IS NOT. PEOPLES’s WILL IS WHEN POLITICIANS HAVE SOUGHT PEOPLES SPECIFIC VERDICT ON ONE ISSUE- NJAC WAS NOT A REFERENDUM APPROVAL OF PEOPLE. IT WAS A SHEER MASS POLITICIANS BREED FLOCKING TOGETHER TO CAGE THE JUDICIARY…LIKE CBI, ED, POLICE, IT, CVC, CEC, etc. FOR MANIPULATIVE WRONG-DOINGS. ELECTED STATE & CENTRAL GOVTS’ COMING TOGETHER ONLY MEANS GENERALLY ELECTED POLITICIANS GANGING UP TO ACHIEVE A SPECIFIC SELFISH AND MALAFIDE OBJECTIVE & OOLLYY BANAOWING THE PUBLIC THAT IT IS ” PEOPLES DECISION.” WHICH IS THE HEIGHT OF SHEER POLITICAL CHICANERY AND CROOKEDNESS.

    • Well said. They want to cage judiciary like CBI.Modi and other politicians are trying to get out of all legal cases pending against them prmanently by appt judges of own choice

  2. BJP supporters don’t make majority of people, they are in minority – thanks to ridiculous bills like yours. Stop wasting time and do some real work in the legislature instead of poking your nose into other constitutional bodies. Cutting down on legislators’ perks can be a good start, and so can bringing in right to remove elected representatives preterm! Sends shivers down your spine doesn’t it – putting your future in peoples’ hands?

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