Government worked overnight to clear 95 per cent of the recommendations made by the Supreme Court Collegium on appointment, transfer and promotion of judges in higher judiciary before notification of the National Judicial Appointments Commission (NJAC) Act on April 13, the top court was informed.
"Except a few cases, all cases have been cleared. Till today whatever was cleared by the Collegium, 95 to 98 per cent cases have been also cleared by the government. The vast majority has been cleared. This is the factual position," Attorney General Mukul Rohatgi said.
The Attorney General's submission came before a five-judge Constitution Bench which was hearing the arguments whether Justice J S Khehar could head the bench as grounds of conflict of interest and bias were raised about him presiding the bench.
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Rohatgi said "As on today, the Collegium does not exist and NJAC Act has been notified" and the NJAC panel would be constituted soon and will start taking up cases on appointment, promotion and transfer of judges.
He said only a few recommendations of the erstwhile Collegium have been "held back".
Rohatgi said that the six-member NJAC headed by the Chief Justice of India H L Dattu "will be constituted very, very soon".