SC decision on NJAC a ‘setback to Parliamentary sovereignty’: Govt Expressing "surprise" over Supreme Court's decision to strike down a new law to appoint judges to the higher judiciary, government today questioned the transparency of the old collegium system which has been revived with the verdict.
http://indianexpress.com/article/india/india-others/after-sc-holds-njac-unconstitutional-govt-questions-transparency-of-collegium-system/#comments Comment: While it is quite right to question the Transparency or lack thereof of the 'Collegium System' of appointing Judges to the Higher Judiciary, the Govt's argument of Parliamentary Sovereignty is flawed. Does this mean that IF Parliament tomorrow enacts a new law(say) BANNING the consumption of Fish and Dal except on First Fridays, would that 'Parliamentary Sovereignty' mean that the Courts could not overturn that Law? And What about the Separation between the three pillars: Executive, Legislature and Judiciary and the need for Checks and Balances? jc
