PIL against Constitution Amendment Bill

A public interest litigation petition has been filed in the Madras High Court Bench here, challenging the Constitution (121{+s}{+t}Amendment) Bill, 2014, which paves the way for establishment of National Judicial Appointments Commission to identify and recommend names for the posts of Supreme Court and High Court judges.

The petitioner, Y. Krishnan, claimed that the establishment of the NJAC would give an upper hand to the executive in appointment of judges besides giving scope for political interference. He said the existing system of a collegium of senior judges recommending the names alone could uphold the independence of judiciary. Parliament’s power to amend the Constitution was only limited, and such an amendment could not destroy the basic structure of the Constitution, he said, and claimed the latest amendment “is beyond the amending power of Parliament besides being arbitrary, ultra vires and void…”