Justice Khehar to head SC Bench set up to look into NJAC validity

Legal Correspondent

New Delhi, April 17

Justice JS Khehar will head the five-member Constitution Bench of the Supreme Court set up to go into the validity of the National Judicial Appointments Commission (NJAC).

He replaces Justice Anil R Dave who recused from the case on April 17. Chief Justice HL Dattu had to reconstitute the Bench in the wake of Justice Dave’s decision, citing conflict of interest. The other members of the Bench would continue. They are Justices J Chelameswar, MB Lokur, Kurian Joseph and AK Goel.

The reconstituted Bench will start hearing the PILs — for and against NJAC that has replaced the 22-year-old Collegium system of appointing judges to the SC and high courts — on April 21. Justice Dave opted out of the case even as the Centre said it had no problem if he was part of both the Bench and NJAC.

There was no conflict of interest in his being part of both, Attorney General Mukul Rohatgi had pleaded.
Under the NJAC Act, the six-member commission would be headed by the CJI and consist of two senior-most SC judges, the Union Law Minister and two eminent persons chosen by a panel of the CJI, Prime Minister and the Leader of Opposition or the single largest party in the Lok Sabha.
By virtue of his seniority, Justice Dave has become part of NJAC. The Centre notified the NJAC Act on April 13, formally replacing the Collegium system with the commission.