Supreme Court Dismisses Challenge to BNSS Rules Governing Prosecution Officer Appointments
SC upholds validity of BNSS rules allowing judicial officers to hold key prosecutorial posts
New Delhi, Feb 25: The Supreme Court on Wednesday dismissed a petition challenging the constitutional validity of specific provisions in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) that permit the appointment of serving or retired judicial officers as directors, and serving judges as deputy directors or assistant directors of prosecution.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi ruled that the plea was misconceived and lacked legal merit.
The petition, filed by Subeesh P S through advocate Suvidutt M S, contended that Sections 20(2)(a) and 20(2)(b) of the BNSS undermine judicial independence by allowing members of the judiciary to occupy executive-controlled prosecutorial positions. The plea argued this effectively merges judicial and executive functions, violating the separation of powers.
It further claimed that the provisions infringe on fundamental rights under Articles 14 and 21 of the Constitution, and contravene the constitutional framework outlined in Articles 50 and 235.
The Supreme Court, however, dismissed these arguments, upholding the legitimacy of BNSS provisions governing appointments of judicial officers in prosecution roles.
