Judicial Appointment commissions bill introduced in Lok Sabha

Judicial Appointment commissions bill is introduced in Lok Sabha on Monday though there were difference of opinion on the bill.

 

Keen to scrap the collegium system, government today introduced a Constitution Amendment Bill in Lok Sabha to establish a six-member body for appointment of judges to the Supreme Court and the High Courts.

 

Besides the Constitutional Amendment Bill, Law Minister Ravi Shankar Prasad introduced an enabling bill -- the National Judicial Appointments Commission Bill, 2014.

 

While The Constitution (121st Amendment) Bill, 2014 seeks to put the proposed Commission and its entire composition in the Constitution, the other legislation lays down the procedure to be followed by the proposed body for appointment of Supreme Court judges and transfer and appointment of Chief Justices and other judges of the High Courts.

 

As per the proposal, Chief Justice of India will head the NJAC. 

 

Besides the CJI, 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 body.

 

To allay fears of the judiciary, the composition of the Commission has been given a constitutional status to ensure that any future government does not tweak the composition through an ordinary legislation.

 

While the constitutional amendment bill requires two-third majority, an ordinary bill requires a simple majority.

 

The two eminent personalities will be selected by a collegium of Chief Justice of India, the Prime Minister and Leader of the 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 the Opposition post in Lok Sabha.

 

One of the eminent persons will be nominated from among the persons belonging to the Scheduled Castes, Scheduled Tribes, OBCs, minorities or women. 

 

The term of the two eminent persons will be for a period of three years with a provisio that they cannot be renominated.