Supreme Court

Supreme Court Advocates-on-Record Association and anr v. Union of India

16.10.2015

Constitution

NJAC dismissal: this saga is only just beginning

That the National Judicial Appointments Commission impinges on the “sacred document” that is the Constitution, which is “not a Rubik’s cube that be manipulated and manoeuvered by the political executive” and a multitude of other statements extolling the virtues and importance of separation of powers of the three pillars of the nation sum up, briefly and kindly, the enormity of responsibility and factum that lay before the judges hearing a matter that will leave aftershocks lingering awhile. Even the smallest, speaking relatively, issue received protracted deliberation and the judgment, all in all, should provide wholesome citation in constitutional matters for many years to come, such was the breadth of its scope. Justice Chelameswar for one was afraid not of scaling the highest peak with Pinochet, nor the deepest sea with Madison, in dissenting and upholding the Constitution (Ninety-Ninth Amendment) Act, 2014 and spoke not of the NJAC Act itself.

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