Aswitha Marthala June 8, 2015

New Delhi June, 8: Arguments concerning the constitutional validity of the National Judicial Appointment Commission (NJAC) act will be resuming at Supreme Court on Monday.

Earlier the Center’s appeal against the NJAC act which is responsible for the appointment and transfer of judges to the higher Judiciary in India was rejected by the five-judge constitution bench which is headed by Justice J S Khehar on May 12th and it referred to either nine of 11 judge bench.

The bench has also prohibited Attorney General Mukul Rohatgi’s suggestion and that the matter will be resumed at next month after summer vacation.

The five-judge constitution bench has said that “This country or court may not have a matter of this importance. This is the enactment of the law by Parliament which has a majoritarian rule. This is a serious matter,” and it also comprising the justices J Chelameswar, M B Lokur, Kurian Joseph and Adarsh Kumar Goel.

On Monday the bench will decide the merits of the issue and clarify the issues relating to challenge to the National Judicial Appointment Commission Act, 2014. The five judge bench can refer a nine or 11 judge larger bench at the later stage, if required.

The court is also enquiring a batch of petitions as well as the plea filed by the Supreme Court Advocates-on-Record Association (SCAORA) against the NJAC.

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