Rajya Sabha Chairman Jagdeep Dhankhar on Tuesday chaired an all-party meeting in Parliament to discuss judicial matters, particularly in light of the Supreme Court's decision to strike down the National Judicial Appointments Commission (NJAC) Act, which was passed by Parliament and 16 states in 2015.
The meeting was attended by Leader of the House JP Nadda, Leader of the Opposition Mallikarjun Kharge, and floor leaders from various parties, including the DMK, BJD, BRS, CPM, UBT, AGP, TMC, Congress, and BJP, sources said.
The primary focus of the discussion was the implications of the Supreme Court's decision to nullify the NJAC, which was seen as a significant step towards reforming the judicial appointment process in India.
The government is reportedly exploring the possibility of reviving the NJAC to reassert parliamentary sovereignty over judicial appointments.
As the Rajya Sabha convened, Dhankhar expressed concerns about the impact of the Supreme Court's decision on the powers of Parliament. He questioned whether a constitutional amendment endorsed by Parliament, state legislatures, and the President could be rendered ineffective.
“It concerns the sovereignty of Parliament, the supremacy of Parliament, and whether we are at all relevant. If we effect an amendment in the Constitution, and that is not executable, I have no doubt the Parliament is possessed of the power,” Dhankhar remarked.
He highlighted that the NJAC Act, passed with overwhelming support and sanctioned by the President under Article 111, reflected the collective will of the legislature. Dhankhar argued that if the act had been implemented, the situation regarding judicial appointments might have been different.
Dhankhar urged members to reflect on the situation, noting the unprecedented circumstances of a constitutional amendment being overturned. He also pointed out that there is no provision for reviewing or appealing a constitutional amendment, unlike other legislation subject to judicial review.
“The issue undoubtedly is serious enough. We three of us together took note of the developments and also took note of the healthy development that for the first time in an unprecedented manner, the Chief Justice of India took the initiative to put everything in the public domain,” Dhankhar added, referencing his earlier discussions with Nadda and Kharge.
The meeting also touched upon the recent controversy involving Justice Yashwant Varma of the Delhi High Court. Reports had emerged about a large amount of cash allegedly found at Justice Varma's residence.
Dhankhar acknowledged Chief Justice of India Sanjiv Khanna’s decision to publicly disclose material related to the incident and suggested awaiting the findings of the CJI-appointed inquiry committee.
Dhankhar expressed hope that the judiciary and the legislature could find a balanced approach, ensuring both institutions operate effectively within their respective domains.
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