NEW DELHI, Aug 7: Treading cautiously, government has decided to hold wider consultations on bringing Judicial Appointments Commission (JAC) that will scrap the collegium system of appointment of judges.
Government sources said today that the National Judicial Appointments Commission Bill, 2014 was discussed yesterday at the meeting of the Union Cabinet which has given its “in-principle” approval to the “broad contours” of the measure.
But the bill was not cleared as it was felt that the result of the wider consultations should be awaited, the sources said, indicating that the proposed legislation could get delayed.
The government is making efforts to bring the bill in the current session of Parliament but would not like to take any hasty step in view of the sensitivity in the judiciary on the issue, they said.
According to the proposal, National Judicial Appointments Commission Bill, 2014 to amend the constitution to make way for the proposed body to be headed by the Chief Justice of India will be moved in Parliament.
Besides the Chief Justice, the judiciary would be represented by two senior judges of the Supreme Court. Two eminent personalities and the Law Minister will be the other members of the proposed six-member body.
To allay fears of the judiciary, the Commission would be given a constitutional status to ensure that any future government does not tweak then composition through an ordinary legislation.
While the constitutional amendment bill requires two-third majority, an ordinary bill requires a simple majority.
A provision has been added that if two members of the proposed Commission are opposed to an appointment, the appointment will not come through.
This will avoid any confrontation within the body.
The Commission will also recommend transfer of Chief Justices and judges of 24 High Courts from one state to the other.
The two eminent personalities will be selected by a collegium of Chief Justice of India, the Prime Minister and Leader of Opposition in Lok Sabha or the leader of the single-largest opposition party in the Lower House.
The provision of having the leader of the single-largest opposition party has been made as there is confusion over Congress getting Leader of Opposition post in Lok Sabha.
The government will bring another bill defining the procedures of the proposed Commission along with a constitutional amendment bill, which will amend articles 124 (establishment and constitution of Supreme Court) and 217 (appointment and conditions of appointment of High Court judges) of the Constitution.
An earlier effort by the NDA-I government in 2003 to replace the collegium system met with no success. The then NDA government had introduced a constitution amendment bill but Lok Sabha was dissolved when the bill was before a Standing Committee. Finance Minister Arun Jaitley was the Law Minister then.
The UPA II had also brought a similar bill, but it lapsed following the dissolution of the 15th Lok Sabha.
After any constitutional amendment bill gets Parliamentary nod, it is sent to all the states and 50 per cent of the state legislatures have to ratify it. The process could take up to eight months.
After ratification, the government sends it to the President for his approval.
The practice of judges appointing judges started after 1993, replacing the system of government picking judges for higher judiciary comprising the Supreme Court and high courts.
The move to set aside the 1993 Supreme Court judgement, which led to the collegium system, requires a Constitutional amendment. (PTI)
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