Justice AR Dave of the Supreme Court of India (SC) on 15 April 2015 recused himself from five-judge Constitutional bench that was to hear a batch of petitions challenging the constitutional validity of the National Judicial Appointments Commission (NJAC) Act, 2014.
The act replaces the two-decade-old collegium system of judicial appointments with the NJAC.
Justice Dave, head of the Constitution Bench, took the decision following an objection from the Supreme Court Advocates on Record Association (SCAORA) and other petitioners.
SCAORA and other petitioners objected on the grounds of conflict of interest because of appointment of Justice AR Dave to the NJAC by virtue of being one of the two senior most judges of SC.
The NJAC Act, 2014, notified on 13 April 2015, provides for constitution of NJAC comprising of the Chief Justice of India (CJI) as the chairperson, two senior most judges of the SC, Union Law Minister and two eminent personalities as members.
The present Constitutional Bench was formed by the CJI HL Dattu on the recommendation made on 7 April 2015 by a three member SC bench headed by Justice AR Dave to litigate the petitions.
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