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  • SC to examine NJAC validity tomorrow

    Published on April 21, 2015

    SC new3The Supreme Court today adjourned till Wednesday the hearing to examine validity of the law replacing the collegium system of appointment of judges to the higher judiciary.

    The court will decide which judge will head the bench in view of questions being raised about conflict of interest and doctrine of bias.

    The apex court constituted a new bench after recusal of Justice A R Dave from the five-Judge Constitution bench hearing the case.

    Justice Dave, who was heading five-judge Constitution bench, had recused from the matter after the Supreme Court Advocates on Record Association and other petitioners said that since he had become a member of the National Judicial Appointments Commission under the new law, it would not be proper for him to hear the matter.

    The government had on 13th of this month notified the NJAC Act along with a Constitutional Amendment Act (99th Amendment Act) to give constitutional status to the new body to appoint judges.

    According to the new Article 124(A) inserted in the Constitution, two eminent persons will be nominated to the Commission as members by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in Lok Sabha or where there is no such LoP, then the leader of single largest Opposition party.

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