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Fali joins quartet of NJAC challengers: Relies on 'basic structure' & Second Judges case

Senior counsel Fali Nariman has added another to the four public interest litigations (PILs) against the National Judicial Appointments Commission (NJAC), which will be heard on Monday.

Together with advocate Subhash Sharma, he claimed that the constitutional amendment “severely affects and damages the basic structure of the Constitution viz the independence of the judiciary” and gives “unbridled power” to parliament, reported the Indian Express.

Allowing for any two out of three non-judicial members of the NJAC to scuttle appointments would take away from primacy of the opinion of the three senior Supreme Court judges on the NJAC. The law was counter to the nine-judge constitution bench judgment in the so-called Second Judges case - one of three cases that was fundamental in the establishment of the collegium system.

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