NJAC vs Collegium: Supreme Court takes note of Advani's Emergency remarks
New Delhi: Senior BJP leader LK Advani's remarks that another Emergency couldn't be ruled out, has been noted by the Supreme Court during the hearing on the legality of National Judicial Appointments Commission (NJAC).
"It's being said that there will be a repeat of Emergency," head of the five-member constitutional bench Justice JS Khehar said. Justice Kehar is in line to be the Chief Justice of India.
Other members of the bench are, Jasti Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh Goel.
Justice Khehar remarked when senior advocate Fali S Nariman, representing those opposed to NJAC said that the new appointment committee could take away the judicial independence in the same manner as the Congress party wanted when it had a majority in the years after Independence.
When the bench wondered if the court should wait for the implementation of the NJAC before taking a call on the legality as the government was demanding.
To this, Nariman said, "Then we will be finished."
"That is why the basic structure doctrine came about, to put a stop to this. Otherwise there would have been a queen even if not a king in this country. Every government wants judges as lackeys. There will be toadyism if this goes through. It is insidious, revolutionary and unnecessary. Judges will then hobnob, lobby with the government," he said.