Supreme Court poses questions on the working of National Judicial Appointment Commission

NEW DELHI: The Supreme Court today posed questions in regard to the working of the National Judicial Appointment Commission ( NJAC) for appointing judges to higher judiciary, asking how it would make judicial functioning "meaningful" and "accountable".

"What meaningful role they are talking about. How can they make participants accountable," a five-judge bench headed by Justice JS Khehar asked, when senior advocate Rajeev Dhavan was arguing against the new law that replaces the two- decade collegium system of appointment of judges by the judges.

"We are asking you this to understand before we ask them (government)", said the bench which also comprised Justices J Chelameswar, M B Lokur, Kurian Joseph and Adarsh Kr Goel.

Dhavan said it was for the government to answer as to whom the six-member panel would be accountable.

The bench was referring to the statement of objects and reasons given in the National Judicial Appointment Commission Act, 2014, which says: "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."

Dhavan, who was arguing as an intervener in the batch of petitions challenging the Constitution's 99th Amendment and enabling NJAC Act, 2014, also assailed the provision of inclusion of two eminent persons in the six-member panel for selection and appointment of judges.

The Act provides that two eminent persons would be selected and appointed by three-member panel of the Prime Minister, Leader of Opposition or the leader of the largest party and Chief Justice of India.

The bench observed how two politicians, with Chief Justice of India "sandwiched" between them, decide on two laymen interfering in judicial appointments.