The Hon’ble Supreme Court declines to entertain PILs against NJAC




Declining to entertain a batch of petitions challenging the 121st constitutional amendment and the NJAC bill, a three-judge bench headed by Justice A R Dave said the PILs are “premature” and allowed the petitioner to approach the court at a later stage.


The Hon’ble Supreme Court of India turned down the Public Interest Litigation (PIL) petitions challenging the constitutional validity of the National Judicial Appointments Commission (NJAC).

Holding the petitions to be premature, the 3 judge bench-comprising of Justice Anil R. Dave, Justice A.K. Sikri and Justice Jasti Chelameswar stated that it is not the right stage to address the issues.

“We are of the view that the petitions are premature. It’s open for the petitioners to approach the court at later stage on the same ground,” the bench said.

Four PILs had been filed in the apex court for declaring the NJAC move as unconstitutional, days after Parliament passed two bills to scrap the collegium system for appointments in higher judiciary and to provide a new mechanism in its place.

The PILs had been filed by former Additional Solicitor General Bishwajit Bhattacharya, advocates R K Kapoor and Manohar Lal Sharma and Supreme Court Advocates on Record Association.

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