Wed. Mar 20th, 2019

NJAC premature challenge dismissed by the Supreme Court

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In August 2014, Supreme Court Advocates on Record Association moved the apex court challenging the constitutional amendment and National Judicial Appointments Commission Bills, which will replace the collegium system of appointment of Supreme Court and High Court judges. The bunch of Writ Petitions was heard by a bench of Justice Anil R. Dave, Justice J. Chelameswar and Justice A.K. Sikri. Bench dismissed the petitions holding that that “it was too early for the court to consider the question because the Bill was not yet law and the legislative process was still on”. However the bench left it open for the petitioners to approach the court at a ‘later stage’

The Association’s secretary, Vipin Nair, filed the petition, which had been settled by Fali Nariman. The petition said:

“Article 124(2) along with Article 217(1) of the Constitution made provisions for the appointment of judges of the Supreme Court including the Chief Justice of India and for appointment of judges of the High Courts including the Chief Justices of the High Courts.”

It further said:

“The NJAC Bill takes away the primacy of the collective opinion of the Chief Justice of India and the two seniormost judges of the Supreme Court as even if all three seniormost 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 [Union Minister] and the other two “eminent persons,

The above petition was read along with other petitions on the same issue:

1. Writ Petition (Civil) No. 775 of 2014 (Lead matter) Supreme Court Advocates-on-Record Association v. Union of India
2. Writ Petition (Civil) No. 771 of 2014 R.K. Kapoor v. Union of India & Others
3. Writ Petition (Civil) No. 773 of 2014 Bishwajit Bhattacharyya v. Union of India
4. Writ Petition (Civil) No. 774 of 2014 R.Krishnamurthy & Anr. v. Union of India & Ors.
5. Writ Petition (Civil) No. 762 of 2014 Manohar Lal Sharma Advocate v. Union of India & Anr



                                          IN THE SUPREME COURT OF INDIA
                                            CIVIL ORIGINAL JURISDICTION

                                      WRIT PETITION (C) NO. 775 OF 2014

                         SUPREME COURT ADVOCATED ON RECORD ASSO.             ...PETITIONER


                         UNION OF INDIA                                       ...RESPONDENT

                                WP(C)NOS. 762, 771, 773 & 774 OF 2014

                                                 O R D E R

                              Looking at the facts of these cases, we are of the

                      view that we should not entertain these petitions at this

                      stage as they are premature.

                              Needless    to   say   that       it   would   be   open   to   the

                      petitioners to approach this Court at an appropriate stage

                      and make all submissions on merits as the petitions have

                      been disposed of as premature.

                              The writ petitions are disposed of with the above


                                                                               [ANIL R. DAVE]

                                                                             [J. CHELAMESWAR]

Signature Not Verified

Digitally signed by
Sarita Purohit
Date: 2014.08.28
13:23:34 IST
                                                                                 [A.K. SIKRI]
                         New Delhi;
                         August 25, 2014.

ITEM NO.301                  COURT NO.4              SECTION X

                 S U P R E M E C O U R T O F     I N D I A
                         RECORD OF PROCEEDINGS

Writ Petition (C) No.775/2014



UNION OF INDIA                                       Respondent(s)


W.P.(C)No. 762/2014
(With appln.(s) for ex-parte stay and Office Report)

W.P.(C)No. 771/2014
(With appln.(s) for permission to appear and argue in person and
Office Report)

W.P.(C No. 773/2014
(With appln.(s) for permission to appear and argue in person and
Office Report)

W.P.(C)No. 774/2014
(With appln.(s) for permission to appear and argue in person and
Office Report)

Date : 25/08/2014 These petitions were called on for hearing today.

              HON'BLE MR. JUSTICE A.K. SIKRI

For Petitioner(s)    Mr.   F.S. Nariman,Sr.Adv.
In WP(C)No.775/14    Mr.   Subhash Sharma,Adv.
                     Mr.   Rahul Jain,Adv.
                     Ms.   Smitakshi Talukdar,Adv.
                     Mr.   Surya Kant,Adv.
                     Mr.   Vipin Nair,Adv.

In-person in         Mr. Manohar Lal Sharma,Adv.
WP(C)No.762/14       Ms. Suman,Adv.

In-person in         Mr. R.K. Kapoor,Adv.

In-person in         Mr. Bishwajit Bhattacharyya

In-person in            Mr. R. Krishnamurthy,Adv.
WP(C)No.774/14          Mr. N. Rajaraman,Adv.

For Respondent(s)       Mr.   Mukul Rohtagi,AG
UOI                     Mr.   Ranjit Kumar,SG
                        Ms.   Binu Tamta,Adv.
                        Mr.   Abhinav Mukherji,Adv.
                        Ms.   Sushma Suri,Adv.
                        Ms.   V. Mohana,Adv.
                        Mr.   R.K. Verma,Adv.
                        Ms.   Ranjeeta Rohtagi,Adv.
                        Ms.   Devanshi Singh,Adv.
                        Mr.   B.V. Balram Das,Adv.(Not present)

          UPON hearing the counsel the Court made the following
                             O R D E R

          The    writ   petitions    are   disposed   in   terms   of   the

   signed order.

   (Sarita Purohit)                                (Sneh Bala Mehra)
     Court Master                                 Assistant Registrar

                 (Signed order is placed on the file)