In an introspective judgment, Justice J. Chelameswar disagreed with his
four fellow judges on the Constitution Bench which delivered its
judgment on the NJAC, saying that their understanding that the judiciary
was the only constitutional organ protecting the liberties of the
people was wrong.
Upholding the 99th Constitutional Amendment, and the only judge to do so
on the Constitution Bench, Justice Chelameswar wrote in his separate
judgment that the idea of “primacy of judiciary” was flawed. He said
there was nothing of the sort in the Constitution.
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