New Delhi: The Lok Sabha today passed the Constitutional amendment bill and the National Judicial Appointments Commission Bill, 2014 to scrap the collegium system of appointing Supreme Court and high court judges.The bill will now be introduced in Rajya Sabha where the BJP lacks majority.
The voting was conducted after the Narendra Modi government, which was keen to scrap the existing collegium system, on Monday 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.
On Tuesday, the Lok Sabha had a long debate on the Bill with Law Minister Ravishankar Prasad, saying the government favours independence of judiciary but the “sanctity” and “supremacy” of Parliament is equally important as it reflects aspirations of the people.
He said the Modi government has “no intentions” to interfere in the power and authority of the Judiciary and was only acting to have a “fair procedure” to appoint judges to higher judiciary.
Prasad’s response came a day after Chief Justice of India RM Lodha strongly defended the collegium system of appointment of judges and said there was a concerted campaign to defame the judiciary.
“Everyone is out to condemn the collegium system terming it as a failure,” the CJI said adding, “don’t shake the confidence of people in judiciary. Besides the Constitutional Amendment Bill, Law Minister introduced an enabling bill the National Judicial Appointments Commission Bill, 2014.
The Congress on Tuesday said it was not against the National Judicial Appointment Commission and constitutional amendment bill but it will seek some amendments.
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.
The bill provides that if two members of the NJAC do not agree, then the appointment will not go ahead. It also provides that the President can send back the recommendation of the panel back for reconsideration. But if the panel reiterates the recommendation “unanimously”, the President will have to go ahead with the appointment.
It states that the NJAC will seek views of the governor and chief minister of the concerned state in writing before appointing or transferring a judge of that high court. The bill makes it clear that the proposed body will recommend for appointment the seniormost judge of the Supreme Court as the Chief Justice of India. But the judge under consideration will not attend the meeting in which is or her name is recommended.
Bureau Report
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