The petitions challenging the constitutionality of 99th Amendment Act, 2014, that granted the constitutional status to National Judicial Appointments Commission have been listed for March 10 in the Supreme Court.
A Special Bench has been constituted for the same and petitions will be placed before the Special Bench consisting of Justices Anil R. Dave, J. Chelameswar and Madan B. Lokur.
The second round of the NJAC battle in the Apex Court also includes the petition filed by Supreme Court Advocates-on-Record Association in January 2015. Earlier, when the NJAC was challenged before the Supreme Court, the Apex Court had opined that the petitioners were premature as NJAC was yet to be law.
However, thereafter, the NJAC was passed and has received assent from the President. Interestingly, NJAC is yet to be notified and the appointments through collegium system continue to take place.
The Supreme Court will reopen after the Holi Break on March 9. The petition reportedly states, parliament has “altered the basic structure of the Constitution”. It has also been reported that the petition has been settled by senior advocate Fali Nariman.
The National Judicial Appointments Commission, when formed, will consist of the Chief Justice of India along with two other senior judges of the Supreme Court. In addition, the Union Law Minister along with two eminent personalities will also be part of the Commission.
As on date, NJAC has been ratified by more than 16 states, as required by Article 368 of the Constitution of India.
You may read more of our coverage on NJAC here.