Noted jurist Fali S Nariman slammed the two legislations on Thursday that they seek to overturn the present collegium system of appointment of judges, saying they hit at the root of judicial independence and may be struck down by the Supreme Court.
Nariman, a former nominated Member of Parliament, has said many lawyers including him will challenge the legislations in the Supreme Court.
” . . . The independence of the judiciary is now the cornerstone of the Constitution. And anything that is done which damages it is anathema and the people who decide are the judges of the Supreme Court,” he told Karan Thapar on Headlines Today.
“Many lawyers including myself will move in that direction,” he said, suggesting that he may challenge the bills which were passed by Rajya Sabha on Thursday after Lok Sabha adopted them on Wednesday.
Nariman, who was among the legal luminaries consulted by Law Minister Ravi Shankar Prasad on the issue, faulted the bills on several counts.
He said he was not happy at all with its composition of the proposed National Judicial Appointments Commission which will have only three judges out of six members. Also, he said, the fact that it gives veto power to any of the two members to scuttle any recommendation made by a majority is not acceptable.