West Bengal Chief Minister Mamata Banerjee has asked the Centre to ensure that the chief minister’s view is binding on the governor while recommending judges to the high court under the National Judicial Appointment Commission Bill.
Banerjee has sought clarification from the Centre over the provisions on appointment of High Court (HC) judges under the National Judicial Appointment Commission (NJAC) Bill.
According to the bill, the NJAC shall seek nominations from the chief justice of the hight court for appointment of judges. The chief justice will consult two senior most judges and others, besides eliciting views of the governor and the chief minister before making recommendations.
“Though several states have given a favourable response to the bill, which has been forwarded to the state legislatures for ratification, Banerjee has flagged the issue over the governor’s view. She has sought a provision stating that the governor must be bound by the view of the chief minister,” sources said.
They, however, clarified that there was a Constitutional provision stating that the governor would act under the aid and advise of the council of ministers headed by the chief minister. Rajasthan has ratified the bill relating to appointment of judges in the high courts and the Supreme Court.
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