Centre rejects Shivraj Singh Chauhan government's suggestion on changes to NJAC

NEW DELHI: The Modi government on Tuesday shot down a suggestion made in the Supreme Court by Madhya Pradesh’s Shivraj Singh Chauhan government, to make certain changes in the National Judicial Appointments Commission ( NJAC) to get the top court’s backing for the new structure which replaces the existing collegium system of appointing judges to the superior courts.

Senior counsel KK Venugopal, appearing for Madhya Pradesh, suggested that the court, which is grappling with the issue over the constitutional validity of the twin laws creating the NJAC, read down the laws to ensure that the judicial voice has a final say on appointments instead of striking down the law.

He suggested that the court do away with the veto power which can be currently exercised by any two members of the six-member body, and instead ensure the primacy of the judiciary in the appointment process by reading in a provision which will allow the three judicial voices – the CJI and his two senior colleagues – to prevail over the other nonjudicial voices. "If the judiciary speaks unanimously, that will be a judicial affirmation (of any candidate)," he said.



However, Attorney General Mukul Rohatgi, appearing for the Central government, vehemently disagreed with this suggestion, hinting at possibly a rift between the state and the central governments on the NJAC. "I do not agree with MP at all," Rohatgi said.

The AG said he was sticking to his stand that Parliament had changed the Constitution to create a new structure which would now deal with judicial appointments.