The "package deal" of NJAC Act and 99th Constitution Amendment Act is "empty" and "incomplete" as it raises a series of unanswered questions and if the Government cannot answer these issues then what was the hurry in bringing it in force, Justice M B Lokur observed today.
Dealing with the contentions raised by Attorney General Mukul Rohatgi, who had said that what is enacted by the 99th Constitution Amendment Act is a package deal, Justice Lokur said, "The package deal must survive as whole or fall as a whole - there cannot be piecemeal existence."
"Unless all eventualities are taken care of, the package deal presented to the country is an empty package with the wrapping paper in the form of the NJAC Act and a ribbon in the form of the 99th Constitution Amendment Act," he said.
"If it is not possible to answer all the questions in the absence of a composite law, rules and regulations, what was the hurry in bringing the 99th Constitution Amendment Act and the NJAC Act into force as a half-baked measure?," Justice Lokur asked.
He also noted that the 99th Constitution Amendment Act and the NJAC Act raised a series of unanswered questions.
"For example, how is the NJAC expected to perform its duties? Will there be any transparency in the working of the NJAC and if so to what extent? Will privacy concerns of the 'candidates' be taken care of? Will issues of accountability of the NJAC be addressed?," he said.
The judge noted down the submissions of the AG in which he had said that a number of hypothetical issues and questions have been raised and it was not possible to answer all of them in the absence of a composite law and regulations being framed in accordance with the postulates of the 99th Constitution Amendment Act.
"This submission of the Attorney General cannot be appreciated particularly in view of his contention, raised on more than one occasion, that what is enacted by the 99th Constitution Amendment Act is a package deal," Justice Lokur said.
