NJAC review: Supreme Court of India refuses specific date for hearing plea

NEW DELHI: The Supreme Court of India (SCI) today refused to give a specific date to hear a plea seeking review of its 2015 verdict striking down the National Judicial Appointments Commission (NJAC) Act and another related law, which had led to the revival of the collegium system for appointment of judges, saying there was no hurry.nnA bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said several other important cases were pending and it would see when this matter can be accommodated.nn”Others are waiting, there are more important cases. You leave at that. You have made your submissions. We will see,” the bench observed.nnThe National Judicial Appointments Commission (NJAC) Act 2014 would have accorded a major role to the executive in appointing judges to the higher judiciary. The NJAC was perceived by some in the legal fraternity as an attempt to interfere with the independence of judiciary.nnThe matter was mentioned by advocate Mathews J Nedumpara seeking urgent listing of the plea filed by National Lawyers Campaign for Judicial Transparency and Reforms for re- consideration of the verdict delivered by a five-judge constitution bench.nnThe review plea has said that 2015 judgement of the top court was “unconstitutional and void”.nnDuring the hearing, Nedumpara said the issue of judges’ appointment was very relevant today and there was a dire need to have a proper system in place.nnWhen the NJAC case was being heard, the matter was “hijacked” by a few selective lawyers, he alleged and said that this matter should be listed for hearing.nnThe bench took objection to the lawyer’s submissions in a loud tone and warned him saying,”don’t raise your voice.nnNobody needs to raise their voice. Please lower your pitch.nnYou are making a legal point”.nnThe lawyer then apologised and said he was sorry for raising his voice.nnHe also mentioned another plea filed by him in which he has raised the issue of video recording of the proceedings in the apex court.nnTo this, the bench said, “You leave at that, you have made your submissions. We will see”.nnThe apex court had on October 16, 2015 struck down the NJAC Act, 2014 to replace the 22-year-old collegium system of judges appointing judges.nnWhile four of the five judges of the constitution bench had held as unconstitutional and void both the NJAC Act and the Constitution (99th Amendment) Act 2014, Justice J Chelameswar had upheld the validity of the constitution amendment law.nn”The system of appointment of Judges to the Supreme Court and Chief Justices and Judges to the High Courts, and transfer of Chief Justices and Judges of High Courts from one High Court to another, as existing prior to the Constitution (99th Amendment) Act, 2014 (called the “collegium system”), is declared to be operative,” the apex court had then said.nnSource: Press Trust of India