CJI to stay away from NJAC meetings till SC verdict

R Sedhuraman

Legal Correspondent

New Delhi, April 27

Chief Justice of India HL Dattu has decided to stay away from the National Judicial Appointments Commission (NJAC) till the Supreme Court decides on the constitutional validity of the panel, meant for replacing the 22-year-old collegium system of appointing judges to the SC and high courts.
The CJI’s decision has stalled the Narendra Modi government’s efforts to make the NJAC functional “very, very soon” and take decisions on the confirmation of HC Additional Judges, whose tenure is expiring shortly, by May 10.
The CJI has conveyed his decision to Prime Minister Modi while responding to the government’s invitation to him to participate in a meeting for selecting two eminent persons who would be part of the six-member NJAC. The panel for choosing the eminent persons consists of the CJI, the PM and the Leader of Opposition (LoP)/single largest party in the Lok Sabha.
Chaired by the CJI, the Commission would include two senior-most judges of the SC, the Union Law Minister and the two eminent persons.
The fact that the CJI had written the letter to the PM on April 25 came to light today when Attorney General Mukul Rohatgi informed the 5-member Constitution Bench headed by Justice JS Khehar which is hearing arguments on the validity of NJAC.
“It is neither appropriate nor desirable for me to attend the meeting or be part of NJAC till the Supreme Court decides its validity,” the CJI said in his letter to the PM.