'How Will New Judicial Panel Improve Court Functioning?'

Published: 02nd May 2015 05:59 AM  |   Last Updated: 02nd May 2015 05:59 AM   |  A+A-

NEW DELHI:The Supreme Court on Friday asked how the National Judicial Appointments Commission (NJAC) mechanism would make judicial functioning meaningful and in what way would its members be accountable and to whom. A constitution Bench of Justice J S Khehar posed the questions in reference to the statement of objects and reasons given in the NJAC Act, 2014.

The act reads, “The said commission would provide a meaningful role for the judiciary, the executive and eminent persons to present their view points and make the participants accountable, while also introducing transparency in the selection process.”

“What meaningful role there are talking about? How can they make participants accountable?” Justice Khehar asked senior counsel Rajeev Dhavan, who appeared as intervener in NJAC hearing.

Dhavan asked how two politicians, with the CJI sandwiched between them, would decide on two laymen interfering in the judicial appointments.

Dhavan said that once they were appointed, they would be nailed down in NJAC for three years. “The independence of judiciary and its preponderance could not be permitted to be diluted as it was the custodian of Constitution and balanced the rights of the people which they have surrendered to the political executive under the Constitution,” he said.

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