CJI-led Supreme Court Bench declines to review its 2015 NJAC verdict

The five-judge Review Bench said the petition deserves to dismissed on the ground of delay of 470 days itself, but careful consideration of it shows no reason to entertain it. A five-judge Bench led by Chief Justice of India Ranjan Gogoi has dismissed a review petition against an October 2015 judgment of the Constitution Bench declaring the National Judicial Appointments Commission (NJAC), which briefly made redundant the Collegium system of judicial appointments, unconstitutional. National Lawyers’ Campaign for Judicial Reforms and Transparency, represented by advocates Mathews Nedumpara and Rohini Amin, asked the apex court to consider reexamination of the October 16, 2015 judgment. The Review Bench said the petition deserves to dismissed on the ground of delay of 470 days itself, but careful consideration of it shows no reason to entertain it. The other members of the Bench include Justices Madan B. Lokur and Kurian Joseph — both of whom were part of the 2015 judgment — along with Justices A.M. Khanwilkar and Ashok Bhushan. The review petition argued that the 2015 verdict was unconstitutional and void inasmuch as the Constitution (99th Amendment) Act, 2014 and the National Judicial Appointment Commission Act, 2014 was not justiciable. The petition challenging the NJAC filed under Article 32 involved no violation of anyone’s fundamental rights and the petitioner, Supreme Court Advocates on Record Association had no locus standi. The review said the Supreme Court broke a natural principle of justice that it could not be a judge in its own cause. The decision was made by circulation of the review among the members of the Bench in their chambers on November 27. It was published on December 1.

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