"The office of the prime minister has a certain sanctity attached. If his decisions are not to be trusted and are to be seen as necessarily a bad faith exercise, then why not have a provision that even while selecting his cabinet, he must consult some other former judge or outsider," submitted solicitor-general Tushar Mehta.
The petition highlights a broader concern regarding a frequently raised complaint that High Court collegiums do not meticulously follow the process devised by the Supreme Court for selecting judicial officers and lawyers for appointment as High Court judges.
Supreme Court Registry rejects plea challenging constitutional validity of Collegium system stating that the plea was filed to overstep established legal principles or with an ulterior motive.
In 2015, the SC struck down the NJAC Act, asserting that it violated the basic structure of the Constitution and upheld the primacy of the collegium system.
Dushyant Dave alleged that a majority party might destroy the constitution, therefore parliament should not be allowed to make laws or amend constitution