The constitution bench has unanimously opined that there are no reason in law which require Justice Jagdish Singh Kehar to recuse from hearing the the challenge to the NJAC.
Justice Anil R Dave recuses himself from the Constitutional Bench hearing the challenge to the Constitution (Ninety –Ninth Amendment) Act, 2014 and National Judicial Appointments Commission Act, 2014 after Sr. Advocate Fali S Nariman objects.
As the petitions challenging NJAC see their day before the constitutional bench of the Supreme Court, there are certain issues related to reference of matter to larger benches which remain unclear and away from public domain.
Union Government has notified the Constitution (Ninety-ninth Amendment) Act, 2014 and National Judicial Appointments Commission Act, 2014 w.e.f. from 13 April 2015.
Supreme Court has referred to Constitution Bench a batch of petitions challenging the validity of a constitutional amendment and the NJAC Act which aims to remove the existing collegium system of appointing judges.
Complete Text of National Judicial Appointments Commission Act, 2014