The constitutional validity of the National Judicial Appointment Commission (NJAC) Act will be heard again at the Supreme Court today, notwithstanding the ongoing summer vacation.
Centre has pleaded for the petitions against NJAC to be heard either by nine or eleven judges. The plea was rejected on May 12 by the five-judge constitution bench headed by Justice JS Khehar. Attorney General Mukul Rohtagi had suggested the hearing of the matter to be resumed by next month after the summer vacation but it was also not considered
The lease by Supreme Court advocates on Record Association against NJAC are also being heard.
The bench had stated the matter to be important as this is the enactment of the law which has a majoritarian rule. Besides Justice Kehar, the bench comprises Justices J Chelameshwar, MB Lokur, Kurian Joseph, and Adarsh Kumar Goel.
This five-member bench has decided to look into the positives of the issue from Monday but is open to refer to a bigger bench in future if it requires doing so.
Meanwhile the additional high court judges, whose present session is due to end in near future, have to continue as the office for the next three months.
According to the bench, the matter requires detailed judgment and hearing it during the summer vacation will enable to deliver the verdict earliest and the vacation helps in penning the verdict.
A batch of petitions are being heard by the bench which also includes the petition filed by SCAOR (Supreme Court Advocates on Record Association) against NJAC.
Citing the fact the new system was inefficient because the Chief Justice of India‘s non-participation, Senior advocate FS Nariman had sought a stay on the NJAC’s operation. Senior advocate F S Nariman was appearing for SCAOR.