A plea by a group of lawyers challenging the elevation of Justice J S Khehar as the next Chief Justice of India (CJI) was dismissed today by the Supreme Court which asserted that there was "no question" of him being considered ineligible for the post.
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Jaitley had said that Indian democracy cannot be a tyranny of unelected and questioned whether other institutions where appointments are made by elected representatives not credible enough.
Sadananda Gowda said the will of the people was brought before the Court, noting that the Lok Sabha and Rajya Sabha had supported the bill "100 percent" and 20 state legislatures had also cleared it.
Will it, or won't it? The biggest legal battle in recent memory has come down to this question. After 4 long months of debate and argument between legal titans on the constitutionality of the National Judicial Appointments Commission, the Supreme Court has reserved its judgment on the matter.
Jayalalithaa was convicted and sentenced to a four-year jail term by special judge John Michael D‘Cunha on 27 September last year. She spent a few days in jail after her conviction for crimes for which Judge D‘Cunha had fined her a massive Rs 100 crore and barred her from holding elective office for 10 years.
The National Judicial Appointments Commission (NJAC) bill passed by Parliament in August this year has received President's assent, official sources said.
The reason why matters have come to a head now (and not earlier) is clearly the arrival of a strong government which is not willing to let the courts walk over its jurisdiction.
The question the report raises is whether the NJAC will be up to handling such volumes of judicial appointments. The story also implies that during the tenure of the Modi government, the courts will see a radical change in composition – 68 percent of SC appointments and 80 percent of high court appointments.
The constitution clearly says that the executive will appoint judges after consulting the judiciary. Articles 124 and 217 are the relevant laws on the appointment of judges.