The five-judge Constitution bench headed by Justice J S Khehar, on May 12, had rejected the Centre's plea that the petitions against the NJAC be referred to either nine or 11 judges bench. It had also rejected Attorney General Mukul Rohatgi's suggestion that the matter be heard next month after the summer vacation.
Senior advocate F S Nariman, appearing for SCAORA, had sought a stay on the operation of NJAC on the ground that in any case, the new system was not functioning as the Chief Justice of India has not been participating in it.
The bench, which decided to go into the merits of the issue from today, however, had clarified that the issue relating to challenge to the National Judicial Appointment Commission Act, 2014 can be referred to a larger bench at the later stage, if required.
The court is hearing a batch of petitions including the plea filed by the Supreme Court Advocates-on-Record Association (SCAORA) against the NJAC.

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