New Delhi: The Supreme Court today restrained all high courts from entertaining any plea against two laws meant to replace the two-decade-old collegium system of judges appointing judges.
“No high court will proceed with the matters relating to the constitutional validity of these laws,” a three-judge bench headed by Justice A R Dave said.
Wednesday’s order prohibits high courts from hearing petitions challenging validity of the 121st Constitutional Amendment Act and the National Judicial Appointments Commission (NJAC) Act brought to replace the collegium system introduced in 1993. On its part, Government contended that pleas challenging the validity of these laws are “premature” as they have still not been notified.
“The challenge is premature as neither of the Acts are notified and hence the question of interim order (of stay) also does not arise,” Attorney General Mukul Rohatgi, appearing for Centre, told the bench, also comprising justices J Chelameswar and Madan B Lokur. The bench said it will later decide as to whether these pleas are maintainable or not and if they should be referred to a larger bench and fixed the next hearing on March 17.
The Attorney General vehemently opposed the plea for grant of stay, saying, “The passing of an Act is irrelevant. What is important is the date of notification.”
“It is our stand that Parliament has absolute power and competence to pass Constitutional amendments and legislation,” the AG said, adding that in an overwhelming manner Parliament and states have brought about the change and the “will” of the legislature cannot be ignored.
He further said that a law becomes valid from the day it is brought into force through its notification and “validity of a law can be tested only when the law is notified”. The system, prevailing before the introduction of collegium system, had worked well and later, collegium system also worked well, but the new one is “healthier” as the judiciary, executive and the civil society have roles in it.
During the hearing, the AG said the seniority of judges in appointing the CJI has not been touched in the NJAC Act then “what is the fear?” Responding to the plea that the laws “erode” the basic structure of the Constitution, he said, “The Constitution did not say that three judges will sit together and decide the appointment of judges.”
Senior advocate Dushyant Dave, who intervened on behalf of the Supreme Court Bar Association (SCBA), supported the Centre saying that the present legislation is a “brilliant mixture of executives, judiciary and the civil society”. (PTI)
