PIL filed in High Court of Kerala challenging the constitutionality of the National Judicial Appointments Commission Act

A public interest litigation (PIL) has been filed in the High Court of Kerala, challenging the constitutionality of the National Judicial Appointments Commission Act of 2014 (NJAC Act, for short) that seeks to put an end to the collegium system of appointment of judges. 

  

In the Public Interest Litigation filed by Adv: Basil Attipetty, the petitioner has averred that the NJAC Act infringes on the fundamental right of citizens to have an independent judiciary that is free from the clutches and control of the executive and legislature. 

Further, the petitioner contends that the NJAC Act is in violation of Article 50 of the Constitution, which lays down that the state should take steps to separate the judiciary from the executive. Constitutional provisions regarding appointment of judges of the higher judiciary cannot be amended by Parliament as that would go against the basic structure of the Constitution. Parliament has only a mandate for five years whereas the Constitution with the basic features was framed by the Constituent Assembly, the petition said.

Parliament has no authority to amend, alter, or modify the Constitution to destroy its basic structure by introducing the NJAC Act. The Constitution framed by the Constituent Assembly cannot be amended by the present Parliament, it is contended in the petition.

The petitioner further contends that Parliament and executive cannot frame an enactment to circumvent the judgments of the Supreme Court as the law declared by the apex Court is the law of the land and becomes part of the Constitution.

The petitioner has sought for a declaration that the NJAC Act is unconstitutional and null and void. The PIL is expected  to come up for admission before the Division Bench headed by Chief Justice Ashok Bhushan on Friday.