Posted:
"In a collective order, the Supreme Court has struck down on the National Judicial Appointments Commission (NJAC) law meant to replace the two-decade old collegium system of judges appointing judges in higher judiciary.
A Bench of five judges of the SC held the 99th Constitutional Amendment Act and the NJAC Act 2014 "unconstitutional and void".
The Bench struck down on the government's arguments that the question of validity of the NJAC and the 99th Constitutional Amendment should be referred to a larger Bench in light of the two 'Judges Cases' of 1993 and 1998.
Meanwhile, Law Minister D V Sadananda Gowda said,"Surprised by the verdict of the Supreme Court. NJAC was completely supported by Rajya Sabha and Lok Sabha; it had 100 per cent support of the people."
Speaking at a press conference later in the afternoon, Attorney General Mukul Rohatgi said, "It is a flawed judgment ignoring the unanimous will of the Parliament, half the State Legislatures and the will of the people for transparency in judicial appointments. It is inappropriate to revive the Collegium system. This judgment is not a case for review. The Parliament may take a call, I cannot speak for them."
"The SC is giving a message that the power is with them," senior advocate Harish Salve said on the apex court scheduling a hearing on November 3 to "improve" the Collegium system.
The NJAC Act was meant to replace the two-decade old collegium system of judges appointing judges in higher judiciary. The SC rejected the plea of Centre that the petition challenging NJAC Act be referred to a larger Bench.
The parliament had unanimously voted in favour of the NJAC law and the Constitutional Amendment. The latter was then ratified by 20 State Assemblies and had received the Presidential assent.
One of the contentious provisions of the new law was the inclusion of two eminent persons to the NJAC which included Chief Justice of India, two senior most judges of the apex court and the Union Law Minister."
I am disappointed. As someone in the parliament said this is the tyranny of the unelected over the elected: KTS Tulsi
The SC is giving a message that the power is with them: Senior advocate Harish Salve
It is a flawed judgment ignoring the unanimous will of the Parliament, half the State Legislatures and the will of the people for transparency in judicial appointments: Attorney General Mukul Rohatgi
The SC is giving a message that the power is with them: Senior advocate Harish Salve
It is a flawed judgment ignoring the unanimous will of the Parliament, half the State Legislatures and the will of the people for transparency in judicial appointments: Attorney General Mukul Rohatgi
By bypassing the elected Parliament, the Supreme Court has broken the law. Does the Indian govt have the balls to punish these uppity judges?
The Indian constitution does not give the judiciary any power other than judging cases
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They don't have the power to legislate, police or give opinions on matter of culture. Like how the SC recently said that live in relationships are acceptable in India. Are they going to rule tomorrow that Muslims must eat pork and that Muslim women should wear mini skirts in public?
The judges breach their limits everyday, taking on the role of elected executive and legislature.
Who gave them the power to create their own laws and police?
How dare the judges interfere in the work of the security agencies that are meant to protect the nation?
Why are they not doing the work assigned to them and clear the 40 year back log of cases?
Who are the judges anyway? Unsuccessful lawyers who stood last in their class?
Is a lawyer like Harish Salve or Ram Jethmalani ever going to become a judge?
All the judges before 1947 were in the payroll of the foreign ruler. Today, anyone who has had to deal with Indian courts, knows how corrupt they are.
Kumkum Bhagya
Hollywood
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