The Supreme Court on Monday refused to entertain petitions challenging the 121st constitutional amendment by which collegium system for appointment of judges in higher judiciary was scrapped and a new mechanism under National Judicial Appointment Commission (NJAC) was proposed to be put in place.
While rejecting the pleas, the SC bench headed by Chief Justice RM Lodha said, “We are of the view that the petitions are premature and parties can approach the court at later stage.”
The top court opined that the bill at present is on “legislative hold” and the court should not entertain any plea challenging it.
Four PILs were filed in the apex court for declaring the NJAC move as unconstitutional, days after Parliament passed two bills to scrap the collegium system for appointments in higher judiciary and to provide a new mechanism in its place.
The PILs were filed by former Additional Solicitor General Bishwajit Bhattacharya, advocates RK Kapoor and Manohar Lal Sharma and Supreme Court Advocates on Record Association.
The lawyers submitted that the 121st Constitutional Amendment Bill and the NJAC Bill, 2014, passed by Parliament were unconstitutional as they violate the basic structure of the Constitution.
Rajya Sabha had on August 14 approved with overwhelming majority the 121st Constitution Amendment Bill along with the NJAC bill, a day after Lok Sabha gave its nod to the measures.
Lok Sabha had passed the bill with a crucial amendment suggested by opposition Congress that was accepted by the government.
