15 April, New Delhi
Ahead of a Constitution bench of the Supreme Court commencing the hearing on the National Judicial Appointments Commission (NJAC) Act today, Wednesday , Justice A R Dave has recused himself from hearing petitions challenging the Act. Justice Dave said the Act has been notified and he being one of the senior-most judge is part of NJAC panel.
The government had notified the National Judicial Appointments Commission (NJAC) Act on Monday, which replaces existing Collegium system on appointment of Judges in higher judiciary. The Constitution bench is to examine the validity of the new measure.
NJAC was signed into an Act by President Pranab Mukherjee on 31st of December last year. According to the new act, two eminent persons will be nominated to the Commission as members by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in Lok Sabha or the leader of single largest Opposition party.
The eminent persons will be nominated for a period of three years and will not be eligible for re-nomination.
The NJAC will be headed by the Chief Justice of India. Under the old collegium system, five top judges of the apex court recommend transfer and elevation of judges to Supreme Court and 24 High Courts.