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NJAC: Supreme Court dismisses Review Petition



The 5 Judges of the Bench of CJI Ranjan Gogoi and Justices Madan B Lokur, Kurian Joseph, AM Khanwilkar and Ashok Bhushan dismissed review petition which was filed by National Lawyers’ Campaign for Judicial Transparency and Reforms. 


The Court has dismissed the review petition filed against the judgment dated October 16, 2015, of the Constitution Bench that struck down the National Judicial Appointments Commission (NJAC) Act of 2014 and upheld the collegium system for appointment and elevation of high court and apex court judges.


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Supreme Court has passed order on 27 November.  There was a delay of more than 470 days in filing the review petition. The Court noted the same in its order stating,

“There is a delay of 470 days in filing the present Review Petition, for which no satisfactory explanation has been offered.”

The NJAC amendment was struck down by a 4:1 majority, with Justice Chelameswar dissenting.

The review was sought for, inter alia, on the following grounds:-

(1) The mandate of Article 32 and the petitions there under are confined to the infringement of the fundamental rights of the persons as expounded in Part-III of the Constitution, and not for any other purposes, including the so-called infringement of the basic structure of the Constitution.

(2) That in Kesavananda Bharti, the Supreme Court went on to discuss the concept of basic structure of the Constitution beyond what was required. In certain other judgments, namely, Minerva Mills v Union of India [(1980) 2 SCC 591], Madras Bar Association v Union of India [(2014) 10 SCC 1] and the NJAC case too.

(3) The fundamental principle of natural justice – no one can be judge in his own cause – stands violated.

Source: LiveLaw , BarandBench 


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