:A PIL seeking to declare the 99th Constitution amendment bill as illegal, arbitrary and ultra vires has been filed by a lawyer before the Madras High Court bench.
Petitioner Y Krishnan contended that the amendment damaged and destroyed the basic structure of the Constitution.
"If there is any problem in the present collegium system of selection of judges, the same must be addressed by making the collegium system more transparent and accountable and not by wresting the control of appointment and transfer of judges from Judiciary," he said.
The amending power of Parliament was not absolute and was limited and it could not destroy the basic structure of the constitution, he said.
Judicial review was also a part of the basic structure of the Constitution and the bill could be reviewed by the Judiciary. Constitution(99th amendment)2014, was beyond the amending power of the Parliament, Krishnan submitted.
He said the amendment established the supremacy of the executive over the judiciary in matters of appointment and transfers. As per the constitution, no judge could be appointed without consulting the Chief Justice of India.
It gives NJAC a constitutional status for appointment of judges to the Supreme Court and the High Courts, he said.
It also gives the executive an equal role in appointment of judges to the highest judiciary as a constitutional body, Krishnan said.
On Aug 13 last year, the National Judicial Appointments Commission Bill, 2014, to replace the collegium system of judges choosing judges was passed in the Lok Sabha after government dropped a controversial provision that required unanimity in recommendation if the President seeks reconsideration.
Along with NJAC bill, the 99th Constitution Amendment Bill, which seeks to confer Constitutional status to the proposed Commission, was passed.
