Bhim Singh, Fali Nariman , Anil Divan conclude arguments before SC Division Bench of three Judges against NJAC hearing continues

3 Judge Division Bench of SC  heard arguments against  the validity of NJAC (National Judicial Appointment Commission) on Monday and Tuesday. Sr. Advocates Shri Fali Nariman , Prof. Bhim singh and Anil Diwan concluded their arguments on Monday in different writ petition filed by advocates on record, Prof. Bhim Singh , Bar Association of Supreme Court and others challenging the validity of the Act describing the Act as unconstitutional, illegal, inproper and passed without application of mind. The petitioners have also challenge the 1999  Ammendment in article -124 by subsituting  NJAC  inplace of  Chief Justice of India. Article -127, 128, 217 of the constitution have been amended too.

Prof. Bhim Singh appearing in- person argued before a Special Bench Presided Justice Shri Anil R Dave ,  made a submission that JAC is mala fide attempt to buldoze the independence of the judiciary and primacy of chief Justice of India by vesting authority in two members of the commission who shall veto the opinion of the chief justice of India and two other senior Judges. He strongly attacked neo priniciple of jurisprudence thus challenging the universal law of majority rule. Prof. Bhim Singh also submitted that NJAC as well as 99th amendment in the constitution smell rot and introduced an authoritarian concept to reduce the authority of the SC and demolishing the authority as well as descrition of President of India. This system if implemented leaves no option for the President of the Republic in the matter of apointment of Judges of the Supreme Court and the Hight Court. The new law provides that the recommendation made by the National Judicial appointments commission shall be final and the President shall putin his signatures having any descrition to apply his mind.

Prof. Bhim Singh challenged the provision which states that to members out of six shall be eminent persons to be choosen by a committee of three persons namely Chief Justice of India, Prime Minister of India and Leader of the largest group in Parliament. “Eminence” has not been defined. Prof. Bhim Singh inquired whether Ambani or Adani of even Amitabh Bacchan could be member of the Judicial Appointments  Commision because they are also eminent persons. He also questioned the law which introduces a dangerous philosophy of reservation in the regime of judiciary.  He said the impugned Act and 99th amendment can not be accepted. If they are accepted it shall reduce the independence of the judiciary and turn the entire commission into a minority commission.

The hearing in the matter continued for sometime on Tuesday also where some other petitioners agued against the new law. The  next hearing is the next Tuesday. The Attorney General strongly supported NJAC and the 99thamendment.


BS Bllowria