Ray, J.

1. A judgment has been delivered by Special Bench comprising of Three Judges of the Hon'ble High Court at Calcutta in W.P. No. 331 of 2009 on 14th July, 2011 by passing the following order:-

"On consideration of the entire materials on record, we, therefore, hold that unless the following defects in the Act are removed in the light of our observations, the Act as presently structured is unconstitutional for the reasons stated earlier. However, the Act may be made operational by making suitable amendments, as indicated below :

A) Section 4(2) (b) of the Act should be deleted and should be substituted by a new provision for constitution of Selection Committee broadly on the following lines:

(a) Chief Justice of High Court or his nominee- as Chairperson (with a right of casting vote);

(b) A senior Judge of the High Court-as Member;

(c) Secretary in the Ministry of Finance- as Member; and

(d) Secretary in any of the Ministries -as Member.

B) In Section 4(3)(c)(i) of the Act, the phrase "Joint Secretary" should be deleted and substituted by "Secretary or Additional Secretary and the phrase "a specified Act" mentioned there in should be deleted and substituted by "all the specifi