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Basic structure: 4 PILs against JAC to be heard Monday by RM Lodha

On Monday a Supreme Court bench headed by Chief Justice of India (CJI) RM Lodha would hear four petitions challenging the government’s freshly passed National Judicial Appointments Commission (NJAC) Act and accompanying constitutional amendment as unconstitutional.

Petitions have been filed by ex-additional solicitor general Bishwajit Bhattacharya, advocates RK Kapoor and ML Sharma and the Supreme Court Advocates on Record Association (SCAORA), reported the PTI

Kapoor’s petition read:

The Constitution itself recognises a clear demarcation separating the judiciary from the executive under Article 50 of the Constitution which is the underlying strength for a sound judicial system... It would be relevant to point out here that Article 50 of the Directive Principles of the State Policy under the Constitution is not only applicable to the lower judiciary but is also applicable to the higher judiciary as the doctrine of separation of power and the independence of the judiciary were basic immutable features of the Constitution.

Bhattacharya said:

This power is now being shifted to the NJAC and the very possibility of the CJI along with two senior-most judges of the Supreme Court being vetoed by the executive would be destructive of the independence of the judiciary and the doctrine of separation of power, both basic features of India’s Constitution

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