J Chelameswar

The proposed National Judicial Appointments Commission’s (NJAC) validity will now be examined by a Constitution bench in the Supreme Court after a three judge bench referred petitions challenging it to a five judge bench, reported//Mint.

The Supreme Court Advocates on Record Association, the Bar Association of India and several individual lawyers had challenged the NJAC Act on the ground that not only did it threaten the independence of the judiciary but also that the parliament was not competent to pass it because the constitutional amendment giving it such power had not come into effect.

Senior advocate Fali Nariman had argued before the bench of justices Anil R Dave, J Chelameswar and Madan B Lokur that there was a substantial question of law involved in the case, which could be considered only by a constitution bench.

Despite all the legal firepower involved, it was far from certain that the case would go the way it did.

Former Delhi High Court chief justice Dipak Misra and Kerala High Court chief justice Jasti Chelameswar have been sworn into the apex court today.