Supreme Court refrained from restraining the government in going ahead and replacing the collegiums system of appointment of judges in high courts and the apex court. The court has also referred a batch of petitions challenging the validity of a constitutional amendment and the National Judicial Appointments Commission (NJAC) Act, to a Constitution Bench. Justice Anil R Dave said that all the issues relating to the challenging the Constitution (Ninety-Ninth Amendment) Act, 2014 and setting up of the NJAC will be determined by a larger bench which will comprise of at least five judges.

“We have referred the matter to a larger bench. We are not issuing any interim orders. All the issues will be heard by the larger bench now,” Justice Dave said.

NJAC will be headed by the Chief Justice of India and will have as member two senior-most Supreme Court judges, the law minister and two eminent persons. A panel comprising of the Prime Minister, Chief Justice of India and Leader of Opposition in the Lok Sabha or leader of the largest opposition party in the Lower House will nominate two eminent persons.
The Supreme Court Bar Association supported the government’s move to replace the two-decade-old collegiums system of judges appointing judges.

By Premji