The Supreme Court has referred to a larger bench the petitions challenging constitutional validity of the National Judicial Appointments Commission Act. It, however, refused to stay operation of the Act which is meant to replace the collegium system of judges appointing judges.
A bench of justices AR Dave, J Chelameswar and Madan B Lokur said that it is not passing any order on interim relief sought by the petitioner and said that the arguments can be raised before the larger bench.
The Supreme Court Advocates on Record Association and other petitioners had sought stay on the operation of the Act.
The bench had reserved its judgement on 24th of last month after Attorney General Mukul Rohatgi, appearing for the Centre, said that the petitions be dismissed as they were premature and academic in nature.
Appearing for the petitioners, Senior advocates Fali Nariman and Anil Divan contended that the Act would take away and knock down the independence of judiciary. Challenging the act, another advocate Bhim Singh said the new process is likely to jeopardise the appointment of judges in higher courts resulting in further delay in rendering justice to common people.