NEW DELHI, Dec 6: In an apparent effort to end speculation that the composition of a proposed panel headed by the Chief Justice of India to appoint judges to the higher judiciary could be altered, a Parliamentary panel is learnt to have recommended giving it a constitutional status as a safeguard.
The Parliamentary Standing Committee on Law and Personnel in its report is understood to have recommended that placing CJI as well as other members of the proposed Judicial Appointments Commission in the Constitution would give it more stability.
The report was to be tabled in Parliament today, but the Houses were adjourned after paying tributes to Nelson Mandela. The report could be tabled sometime next week now.
At present, the composition of the proposed panel is defined in the Judicial Appointments Commission Bill, 2013 which was introduced along with a separate Constitutional amendment bill in Rajya Sabha during the Monsoon session.
The Constitutional amendment bill says there will be a JAC but does not say it will be headed by the CJI or mentions the composition.
While the Constitutional amendment bill – an enabling bill – was passed by the upper house, the main bill – the Judicial Appointments Commission Bill, 2013 was referred to the standing committee.
The Judicial Appointments Commission Bill defines the establishment of the proposed body to recommend appointment and transfer judges of the Supreme Court and the high courts.
Some jurists and BJP had expressed fear that any future government can tamper with the composition of the Commission which could alter the balance.
They had said that as amending Constitution was not an easy task, the CJI as the head of the panel should find mention in the Constitution amendment bill.
There was a view in the standing committee that the panel would be headed by the CJI should only be mentioned in the Constitution, but finally it is learnt that the House panel decided to place the entire composition in the Constitution.
Apart from the CJI, two Supreme Court judges, Law Minister and two eminent citizens – to be selected by a panel comprising the Prime Minister, CJI and Leader of the Opposition in the Lok Sabha – will be its members.
Secretary (Justice) in the Law Ministry will be the convener of the JAC.
The parliamentary panel is likely to recommend that it should be made a seven-member body by having three eminent citizens instead of two. Sources said odd numbers would avoid a possible deadlock in case of a tie while taking a decision.
Law Minister Kapil Sibal had recently told PTI that he is open to the idea of putting CJI in the Constitution amendment bill to allay fears.
The bill also seeks to scrap the present collegium system where judges appoint judges. (PTI)
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