New Delhi: The Supreme Court on Wednesday canceled the central decision to improve the four-year term for members and chair of the court and restored the previous verdict which was with their term of office in five years.
Judge L Judge Nageswara Rao, Hemant Gupta and S Ravindra Bhat, with the majority, set aside various ornamental provisions brought by the center after the APEX court passed a number of instructions on the election and appointment of the chairman and members of the court.
It is said that section 184 (11) prescribing a four-year term of office contrary to the principles of the separation of the power and independence of the court “insertion part 184 (11) prescribes a four-year period for the chairman and members of the court by giving a retrospective effect on the provisions from May 26, 2017 It is an effort to befall the legal declaration by this court.
Therefore, clauses (i) and (ii) from section 184 (11) are declared as canceled and unconstitutional, “said Justice Rao in his assessment which actually agreed.
The bench also expressed concern over a large number of vacancies that had made the court ineffective and said the serious effort needed to be made to streamline the appointment.