Rahul Mehta Gandhinagar LsCandidate
Dear Recallists,
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Can anyone make a notes, which has links to
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1. National Judicial Appointment Commission law-draft printed by NaMo Gazette.
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2. Links and Text to ALL references made in NJAC . eg if NJAC says "art-124 of constitution " or "section-12 of xyz act, then your notes should have text of that art-124, and section-12 etc
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I see a tons of lose ends in draft. eg draft says NJAC will consist of 6 members and appointments will be done by 5-1. What is 2 members are absent or not appointed at all? What is quoram for proceedings? Is it specified in act draft? Also, who will keep minutes of meetings? Will hearings be open and transparent or will be in closed dark smoke filled rooms? Is it written draft?
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Also , the bill talks about 2 "eminent" persons will be appointed by PM. Fine. But what will be there term? 5 years? Is it written draft? Can they be expelled\replaced during their term? By whom? By PM? Any moment? Is it written in draft?
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All in all, I find NJAC a poorly drafted law with too many lose ends all over. Its a bad procedure --- far far inferior compared to procedures we have proposed i.e. election of chief judge by 82 crore votes, RTR over chief judge, and appointment by PM with voting by MPs for non-chief judges and RTR over all associate judges. But all that is beyond NaMo. He may be lion, but on issue of judicary, he can only meow. So all he has done is that existing procedure allows 3 cronies (1 chief judge + 2 associate judges) to decide appointments. And NaMo's system give that power to 6 cronies ---- 3 existing cronies and 3 cronies appointed by PM !!! So procedure is poor. But it appears that even for such proof procdures, draft is poorly written