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The Supreme Court Advocates on Record Association on Thursday moved the Supreme Court, challenging the Constitution 121st Amendment Bill and the National Judicial Appointment Commission (NJAC) Bill, which provide for replacing the collegium system of appointment of judges to high courts and the Supreme Court.
The petition said the NJAC Bill was introduced even prior to the Constitution 121st Amendment Bill to give constitutional status to the proposed NJAC. The Bill was passed in both Houses of Parliament by a voice vote even at a time when the provisions of Article 124(2) as originally enacted were in force (and even today continue to be in force), making the introduction, consideration and passing of the NJAC Bill an exercise in futility and a nullity.
It further said a constitutional amendment which is invalid for violation of the basic structure of the Constitution cannot be forwarded to State Governments for ratification.
“The NJAC Bill takes away the primacy of the collective opinion of the Chief Justice of India and the two senior most judges of the Supreme Court as even if all three senior most judges of the Supreme Court collectively recommend an appointee, the appointment is liable to be vetoed by the other three members — one of whom is part of the executive (Minister in government) and the other two ‘eminent persons’),” the petition said.
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