'Answer is Not to Attack Supreme Court On NJAC': Senior Advocate Arvind Datar

This comes amid an ongoing tussle between the government and the judiciary over the mode of appointment of judges.

(Photo: PTI)

"Now, I forgot to mention the NJAC, but if you see the NJAC Act.. it is an absolutely unworkable principle. If the amendment was struck down.. the answer is not to attack the Supreme Court."

Those were the words of Senior Supreme Court Advocate Arvind P Datar at a lecture he was delivering on Saturday, 4 February.

What attack? High government functionaries, like the union law minister and the Vice President, have recently been making repeated remarks on the functioning of the apex court, as well as the mode of appointment of judges.

Vice President Jagdeep Dhankar has critiqued the basic structure doctrine of the Constitution and the Supreme Court's decision to overturn the National Judicial Appointments Commission (NJAC).

He had called the top court's move "a glaring instance of severe compromise of parliamentary sovereignty and disregard of the mandate of the people of which the Rajya Sabha and the Lok Sabha are custodians."

The NJAC was a proposed judicial appointment body that would include the law minister and other representatives chosen by the executive.

Passed by the parliament in 2014, the NJAC was meant to replace the collegium system, but the top court in 2015 had declared it unconstitutional.

Other 'attacks': Among other statements:

• Over a month ago Rijiju had criticised the Collegium for being "opaque" and lacking "transparency and accountability."

• According to media reports, he also recently said that the collegium system, which is an administrative job "is keeping the judges extremely busy" and impacting their duties as judges.

• Following this, Rijiju reportedly wrote to Chief Justice DY Chandrachud suggesting that government representatives be included in the Supreme Court collegium

What did Datar say about the basic structure?

"I'm still completely puzzled by critics who want to say they want to revisit basic structure.. which part? Are you going to say equality is not basic structure, right to speech is not basic structure, judicial review is not basic structure.. what are you trying to say?" Datar questioned.

He went on to end his lecture by adding that the most significant pillar of rule of law is a written Constitution, and that of a written constitution is its basic structure.

(With inputs from Bar and Bench.)