Chief Justice HL Dattu has written to PM Modi saying he will not be part of the National Judicial Appointments Commission until court decides on its validity
The government is confronting what has been described as a "constitutional stalemate," with the Chief Justice of India telling Prime Minister Narendra Modi that he will not be a part of the new system of appointing judges until the Supreme Court decides on its validity.
A five-judge Constitution bench of the Supreme Court is hearing petitions challenging the National Judicial Appointments Commission, passed in Parliament and notified by the government earlier this month even before a legal verdict.
Chief Justice HL Dattu has told PM Modi in his letter on Saturday that until there is a court ruling, he will not attend meetings of the Commission, which replaces the two decade-old collegium system of judges appointing judges and widens the process to include the government.
The chief justice has also refused to be in the panel to select two eminent persons who are to be in the six-member commission.
"In response to the invitation from your office to attend meeting to select two eminent persons, I have to say that it is neither appropriate nor desirable for me to attend the meeting or part of National Judicial Appointments Commission till the Supreme Court decides its validity," Justice Dattu wrote to PM Modi.
Reports suggest that if the top judge does not change his mind, then at least 12 judges could be out of a job within the next two months.
In the Supreme Court on Monday, Attorney General Mukul Rohatgi, arguing on behalf of the government, said the Constitution bench must direct the chief justice to attend the meetings.
After Justice Dattu's letter, the new commission would be caught in a constitutional stalemate, he pleaded.
The appointments commission, Mr Rohatgi added, can function even without the two eminent members. The other four members of the Commission are the Chief Justice, two senior Supreme Court judges and the Law Minister.
The constitution bench said that since the tenure of one of the judges ends in May, the court may pass orders if the new commission doesn't function because of the Chief Justice's refusal to join it.