#NJAC Update: CJI Dattu “recuses” from NJAC selection; SC commences hearing on merits

The Chief Justice of India, HL Dattu has written a letter to Prime Minister Narendra Modi, saying that he will not attend the proceedings to select two “eminent persons” for the National Judicial Appointments Commission (NJAC) till the case is finally decided by the Supreme Court..This new development would mean that the NJAC will effectively remain in cold storage till the Supreme Court pronounces its verdict in the batch of the petitions challenging the NJAC’s constitutionality..Without the CJI, the Committee will be Constitutionally crippled to select two eminent persons to the NJAC. This also means that the stand conveyed by the Centre to Supreme Court in the previous hearing that the NJAC would be constituted before May 11 is now in jeopardy..Attorney General Mukul Rohatgi had informed the Court on April 23 that the NJAC would be constituted by appointing two eminent persons at the earliest to deal with the appointment of Additional judges to various High Courts. He had also assured the Court that no fresh appointments will be made without informing the Court about the same..When the Attorney General today told the Constitution Bench hearing the case about the refusal of CJI Dattu to be privy to the proceedings of the Committee, various parties suggested different solutions to overcome the problem. The Court was, however, not in agreement with any of the suggestions. The Bench took a 15 minute recess to deliberate upon the issue. On reassembling, the Bench said that it will decide any issue including the issue of interim judicial appointments as and when necessary while also proceeding to commence the hearing in the main case, i.e. Constitutionality of NJAC..With this stand, the NJAC has effectively been rendered dysfunctional till the case is finally decided or unless the Supreme Court or the CJI change their respective stands..Meanwhile, Senior Advocate Fali Nariman’s arguments are now progressing in the case. Nariman is appearing for the lead petitioner, Supreme Court Advocates on Record Association. The Central government is being represented by Attorney General Mukul Rohatgi, Solicitor General Ranjit Kumar and Additional Solicitor General PS Narasimha.