AMN
The Central government today told the Supreme Court that it was the will of the people to have transparent, accountable and criteria-based appointment of judges through the National Judicial Appointment Commission (NJAC) instead of the collegium system whose working was shrouded in mystery.
Telling that the Parliament and the 20 state assemblies, which have backed the NJAC, represented the people, Attorney General Mukul Rohatgi told the constitution bench of the Apex Court that it was the people who wanted the change in the method of judges appointment.
The Attorney General defended the NJAC Act saying it doesn’t affect the basic structure of Constitution as alleged by the petitioners. He said that on the contrary, the NJAC is in sync with the ‘need of times’ and is modeled with ‘checks and balances’ and a democratic process with ‘Plurality of views’. He also argued that in fact the NJAC has diluted the power of the Executive as six out of three members of NJAC are Supreme Court judges and the CJI is its chairman.
The Apex Court asked the Centre whether any decision of the President regarding appointment of Judges under Article 124 with the consultation of CJI, was his discretionary decision or based on aid and advice of the Government.
The court was hearing a batch of petitions including the plea filed by the Supreme Court Advocates-on-Record Association (SCAORA) against the NJAC. Senior advocate FS Nariman, appearing for SCAORA, had sought a stay on the operation of NJAC on the ground that in any case, the new system was not functioning as the Chief Justice of India has not been participating in it.