Chief Justice of India H.L. Dattu has written a letter to Prime Minister Narendra Modi categorically refusing to participate in the National Judicial Appointments Commission has stalled any immediate chances of constituting the new judicial appointments body. "In response to the call from your office to attend the meeting to select two eminent persons, I have to say that it is neither appropriate nor desirable to attend the meeting or be part of the NHAC till the Supreme Court decides its validity," CJI Dattu wrote in his letter.
Attorney General Mukul Rohatgi informed a Constitution Bench led by Justice J.S. Khehar of refusal of the Chief Justice, who is also the chairperson of NJAC. Without the crucial presence of the Chief Justice, the high-power committee which also comprises with the Prime Minister and the Leader of the single largest party in the Lok Sabha will be handicapped in selecting the two 'eminent persons' as members of the six-member NJAC. CJI's refusal brings to an abrupt halt to the government's plans to constitute the NJAC before May 11 as promised by it to the Constitution Bench. The Central government has already assured the bench that it will not appoint new judges till apex court gives a final decision on the validity of NJAC.
Five-judge Constitution Bench, comprising with Justices J. Chelameswar, Madan B. Lokur, Kurian Joseph and A.K. Goel, starting today, will hear arguments on a day-to-day basis for 14 days before the court closes for summer vacations. The NJAC Act, notified on April 13, is meant to replace the Supreme Court Collegiums system of judges appointing judges. It gives the political class and civil society an equal role in judicial appointments to the highest courts.
NJAC Act is passed in the parliament and is notified on 13th April 2015. This act will stop the recruitment of judges by judges. Due to this there is a much disgruntle in the judiciary for losing the power of appointment of judges by themselves.