Rajya Sabha chairperson Jagdeep Dhankhar in his maiden speech in the House on Wednesday criticised the judiciary for scrapping the NJAC bill, terming it as an instance of "severe compromise of parliamentary sovereignty", and said the government's three organs should respect the "Lakshman Rekha".
Former Union Law Minister Ashwani Kumar has argued for replacing the existing collegium system for judicial appointments, asserting that public sentiment leans toward an alternative mechanism, potentially resembling the National Judicial Appointments Commission (NJAC). He believes that the government has the authority to propose a revised constitutional amendment for judicial appointments that would withstand judicial scrutiny. Kumar also urged the Supreme Court to establish a robust internal process to address concerns within the judiciary, including allegations against judges.
The NJAC Act, which sought to overturn the collegium system of appointing Supreme Court and high court judges, was struck down by the top court in 2015.
The Supreme Court will hear on Monday a batch of 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 was proposed to be put in place.
The SC on Wednesday restrained all high courts from entertaining any petition challenging validity of NJAC act meant to replace the two-decade-old collegium system.
A landmark bill to replace the collegium system of judges choosing judges was on Thursday passed in the Lok Sabha after government dropped a controversial provision that required unanimity in recommendation if the President seeks reconsideration.
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