National Judicial Commission

The proposal for setting up of National Judicial Commission has been on the anvil since 1990. But despite the recommendations of various Commissions including the 2nd Administrative Reforms Commission, the proposal has not reached a logical conclusion. The Constitution (Amendment) Bills moved in 1990 as well as 2003 lapsed on both the occasions due to dissolution of the House. Giving this information in written reply to a question in the Rajya Sabha today, Shri Salman Khurshid, Minister of Law & Justice said that currently, appointment of Judges to High Courts and Supreme Court is based on Memorandum of Procedure for appointment of Judges of Supreme Court and High Courts prepared in 1998. He said that representations have been made by various agencies and expert bodies to review/ change the present procedure of appointment of judges. It is generally felt that this Procedure is not balanced and is one sided. It has at times been criticised also for lack of transparency and accountability. But there is no proposal made to change the existing system yet.