The Supreme Court has referred all petitions challenging the National Judicial Appointments Commission to a five-judge Constitution Bench while refusing to stay the implementation of the Act. This order implies that nothing will stand in the way of the Centre to notify the law and make it functional.
A three-judge Bench headed by Justice AR Dave on Tuesday gave its decision limited to maintainability of the petitions when the NJAC Act is yet not notified in the Gazette. Senior advocate Fail Nariman who argued for the Supreme Court Advocates-on-Record Association told the court that the process of notification cannot stall consideration of a law enacted by Parliament.
The NJAC Act seeks to replace the existing collegium system with a broad-based panel comprising CJI, two senior Supreme Court judges, Union law Minister and two eminent persons.
The Constitution Bench of the Supreme Court will now consider the matter on merits.
The Bench had reserved its judgement on the petitions on March 24 after a fierce round of arguments from lawyer bodies, civil society members and NGOs and Centre represented by Attorney-General Mukul Rohatgi.