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Regular-article-logo Thursday, 07 May 2026

Judge law kicks in before bench sits

Act notified, scan looms

Our Legal Correspondent Published 14.04.15, 12:00 AM

New Delhi, April 13: The Centre today notified a law to change the way Supreme Court and high court judges are appointed - a process whose validity will be tested by a Constitution bench two days from now.

The notification of the National Judicial Appointments Commission (NJAC), which seeks to replace the collegium system that picks the judges, was issued around 5pm.

The five-judge bench of the Supreme Court will look into the constitutional validity of the law from April 15. However, while referring the matter to the Constitution bench, the apex court had not imposed any stay preventing the Centre from notifying the act.

Although the enabling bill had been passed in Parliament and the President had given his assent, the act becomes a law only when it is notified in the gazette - the last-mile step that the Union law ministry took today.

The notification is unlikely to have any immediate impact on the appointment or transfer of Supreme Court and high court judges as the validity question is pending before the Supreme Court.

The new judicial commission will comprise the Chief Justice of India, two senior-most judges, the Union law minister and "two eminent persons".

It will be impossible for the Centre to persuade the Chief Justice and the two judges to join the NJAC when the matter is being heard by the highest court.

The NJAC can become complete only after two eminent persons are also appointed, which is yet to take place.

Last week, after a three-judge bench of the apex court referred the matter to a five-judge bench, attorney-general Mukul Rohatgi had said there was no embargo on notifying the act.

Rohatgi had contended that the government could not wait for the apex court to constitute a five-judge bench for the hearing which, in his view, would take a year or more.

But within two days, the Chief Justice referred the matter to the five-judge Constitution bench.

 

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