New Delhi : The National Judicial Appointments Commission, whose constitutional validity has been challenged, will not make fresh appointments of judges to higher judiciary till the issue is settled, the government on Thursday told the Supreme Court.
The NJAC will only deal with the appointment of existing additional judges of High Courts, whose tenures are ending during pendency of the controversy, the Court said on Thursday, reports PTI.
A five-judge Constitutional bench headed by Justice J S Khehar was also assured by Attorney General Mukul Rohatgi that the NJAC will not make appointments of judges to the Supreme Court and High Courts and will move the court in such an eventuality.
The Centre’s assurance came when the court said if it decides to stay or set aside the NJAC Act then what will happen to those persons who, in the meantime, are appointed to the bench either in the apex court or in high courts.
“If the Act stays then it (appointment) is fine,” the bench, also comprising justices J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh Kumar Goel, said.
“I will first come and tell the court if any fresh appointment is made,” the Attorney General said.
The bench had on Wednesday asked Rohatgi to take instruction from a competent authority about the additional judges in high courts whose tenure is coming to an end in the immediate future when the matter will be pending before the court.
During brief proceedings on Thursday, the Attorney General said barring four to five cases, all the recommendations of the erstwhile collegium have been accepted.
On the issue of re-appointment or extension of additional HC judges, he said that the tenures of two or three judges of Assam High Court and seven to eight in the Bombay High Court are ending in June and hence, the issue be “kept open” till May 11 as the NJAC is likely to be constituted by May 4.
The process to appoint two eminent persons in the six-member NJAC “will commence shortly” and the panel is “likely to commence working on May 4”, he said.
