AMN —
The Centre today submitted before the Supreme court that the collegium system of appointing judges cannot be revived even if the Apex Court quashes the National Judicial Appointment Commission (NJAC) Act.
The Centre made this submission while voicing its reservation on the observation by the court last Friday. Solicitor General Ranjit Kumar made the sumbission before a five-judge bench headed by Justice J S Khehar, hearing pleas against validity of the NJAC Act.
Solicitor General who was advancing arguments to supplement submissions of Attorney General Mukul Rohatgi, said the basis of the judgement could be the violation of the doctrine of basic structure, but the court cannot question the competence of the parliament to legislate.
The Bench responded that the Article 368 (amending power of Parliament) does not enable the Parliament to legislate a law which is against the basic structure. The hearing will continue tomorrow.