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Law min ultimatum to CJI: No new judges until you cooperate & dispose of NJAC challenges

Law minister DV Sadananda Gowda said that there would not be any appointment of new judges to the apex or high courts, unless the Supreme Court disposes of the public interest litigations (PILs) challenging the National Judicial Appointments Commission (JAC), reported the Economic Times today.

The NJAC was ratified by 16 of 29 states in late December, according to the PTI, sufficient for passing the constitutional amendment. However, Chief Justice of India (CJI) HL Dattu said that the collegium system would remain in place until the NJAC was put into place by the government.

However, Gowda told the ET: “The ball is in CJI’s court as he is the chief of NJAC and his cooperation is very much needed for framing of rules and appointing two eminent personalities. There should not be any confrontation... If (CJI) says go ahead, we can do it, otherwise it will be a problem.”

The NJAC multitude of NJAC challenges were shelved because the Supreme Court found that a law could not be challenged until it had entered into force.

The government theoretically has the power to delay collegium recommendations for judgeship indefinitely.

Hat-tip @SauravDatta29

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