New Delhi: Justice AR Dave heading the five judge panel in the National Judicial Appointments Commission case has recused himself. The Chief Justice of India will now set up a new bench to hear the case.
The bench was hearing the petitions challenging the validity of the Act to replace the two-decade-old collegium system of appointing judges.
The Supreme Court had on April 7 referred a batch of petitions challenging constitutional validity of the NJAC Act to a larger bench. A three-judge bench of justices AR Dave, J Chelameswar and Madan B Lokur, which had reserved its verdict on maintainability of these pleas, had said "we refer these petitions to a larger bench".
The bench had also said that it is not passing any order on interim relief sought by the petitioner and said that these arguments can be raised before the larger bench.
The Supreme Court Advocates on Record Association (SCAORA) and other petitioners had sought stay on the operation of NJAC Act.
The bench had reserved its judgement on March 24, after Attorney General (AG) Mukul Rohatgi, appearing for the Centre, wrapped up his rejoinder arguments saying that the pleas be dismissed as they were "premature" and "academic" in nature. Those opposing the new law on appointment of judges for higher judiciary submitted that the issue should be referred to a Constitution Bench of five judges.
Referring to various case laws, the AG had argued that the power of Parliament to make law is "plenary" and hence, the methodology adopted by the legislature in clearing the law on the floor of the House cannot be "tested" by the court.
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