New Delhi: Justice JS Khehar will head the Constitution bench in place of Justice Anil R Dave, who had recused from hearing petitions challenging the validity of new National Judicial Appointments Commission.
Justice Dave had withdrawn on Wednesday after senior counsel Fali Nariman raised questions of conflict of interest. The judge, he had said, must decide whether he wanted to head the Constitution Bench or be a part of National Judicial Appointments Commission.
For nearly two decades, judges have been appointed or transferred by a collegium - a group of five senior judges.
The new law has been challenged by a cluster of petitioners including advocates. Mr Nariman says the new Commission is against the basic structure of the Constitution and the independence of the judiciary.
The government has said that parliament's right to decide laws cannot be impeded upon in court.
The hearing on a petition seeking a stay on the National Judicial Appointments Commission will begin on April 21. The Chief Justice of India has constituted the bench of five judges who will hear the case - the four judges from the earlier bench remain.
On Monday, the government notified the appointments commission -- a team of six members that includes the Chief Justice of India, the two seniormost judges of the Supreme Court, two eminent persons, and the Law Minister.
The two eminent Indians will be chosen by the Chief Justice of India, the Prime Minister and the leader of the largest Opposition party in the Lok Sabha.
Justice Dave had withdrawn on Wednesday after senior counsel Fali Nariman raised questions of conflict of interest. The judge, he had said, must decide whether he wanted to head the Constitution Bench or be a part of National Judicial Appointments Commission.
For nearly two decades, judges have been appointed or transferred by a collegium - a group of five senior judges.
The government has said that parliament's right to decide laws cannot be impeded upon in court.
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On Monday, the government notified the appointments commission -- a team of six members that includes the Chief Justice of India, the two seniormost judges of the Supreme Court, two eminent persons, and the Law Minister.
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