Hindustan Times (Gurugram)

Govt can’t be part of judge appts as it’s the biggest litigator: SC

- ■ Bhadra Sinha bhadra.sinha@hindustant­imes.com

The Supreme Court on Tuesday put the government in a fix as it said that it could not be part of the proposed commission under the new law to appoint judges since it was the biggest litigator in courts.

A constituti­on bench headed by justice JS Kehar told Attorney General Mukul Rohatgi that inclusion of the Union law minister in the National Judicial Appointmen­ts Commission (NJAC) undermined the independen­ce of the judiciary and this would erode citizens’ confi- dence in the administra­tion of justice.

NJAC is under challenge before the top court. A batch of petitions have been filed by various bar bodies and individual­s assailing the new law on the ground it hits the basic structure of the Constituti­on, which is independen­ce of judiciary.

Initiating the defence for the government, Rohatgi made a spirited effort to defend the government move to end the two decade old collegium system by which judges appointed judges.

But the bench countered him and said he should satisfy the court on the issue that NJAC did not violate the Constituti­on. It even reminded him that the same NDA government had in 1998 agreed to abide by a ruling on over the primacy of judiciary in the appointmen­t process of judges.

“The citizen of the country is not interested in knowing who is the Chief Justice of India, or how many judges are going to decide his case whether it is two or three. Citizen of the country is only concerned as to whether his case is set to be decided impartiall­y, when the stake holders are participat­ing in the appointmen­t judicial process,” justice Kehar told Rohatgi.

 ??  ?? Narendra Modi
Narendra Modi

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