The five-member constitution bench headed by J S Khehar of the Honourable Supreme Court, while hearing the case which challenging the National Judicial Appointments Commission (NJAC) Act where the Act seeks to replace the two-decades-old collegium system, said that, the Constitution framer would have turned in his grave many times “with all that is happening”.
Apex Court’s observation came when Attorney General Mukul Rohatgi said that, “the Constitution framers did not think and envisage that the judges will appoint judges. Collegium system was foreign to the Constitution”. However, Constitution bench of the Apex Court, hit back by saying that, the Constitution framer would have turned in his grave many times “with all that is happening”.
The bench also questioned Rohatgi for referring to the debates in the Constituent Assembly on Articles relating to appointments in the higher judiciary when Article 124 is already amended. Article 124 of the Indian Constitution speaks about the establishment and constitution of Supreme Court.
Earlier, Attorney General Mukul Rohatgi used the phrase “judges appointing judges” to attack the collegium system and observing that B R Ambedkar would have turned in his grave at the way the power was taken from the executive. He described the junked collegium system akin to “you scratch my back, I will scratch yours”.