SC 'Encroached' on Powers of Parliament by Scrapping NJAC: BJP MP

A BJP member alleged in LS, SC encroached on powers of Parliament by striking down a law for appointment of judges, wanted Parliament to stand up to it by passing a resolution.

Published: 15th December 2015 04:58 PM  |   Last Updated: 15th December 2015 04:58 PM   |  A+A-


NEW DELHI: A BJP member today alleged in Lok Sabha that the Supreme Court has "encroached" on the powers of Parliament by striking down a law for appointment of judges and wanted Parliament to "stand up" to it by passing a resolution.

Raising the issue during Zero Hour, R K Singh contended that the judiciary has "violated" the Constitution by scrapping the National Judicial Appointments Commission (NJAC) Act passed by Parliament.

"This judgement in its entirety encroaches on powers of Parliament and this must be challenged. It is infringement of rights of all members. This Parliament should pass resolution (asserting) its soverign powers under the Constitution," he said.

He said Parliament should "stand up" to uphold the Constitution which the judiciary is supposed to uphold.

Arguing that the Constitution does not envisage the system of judges appointing themselves, he said nowhere in the world such a practice has been in vogue.

A five-judge Constitution Bench of the Supreme Court on October 16 struck down the NJAC Act 2014 which provided for replacing the 22-year-old Collegium system of judges appointing judges and gave a major role to the executive in appointing judges to higher judiciary.


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