SP backs demand for CMs to have a say in HC judges’ selection; Cong protests veto provision for Centre
Throwing a spanner in Government’s plan to have a smooth passage for the National Judicial Appointments Commission (NJAC) Bill, 2014, the AIADMK on Tuesday asked the Centre to set up a State-level Judicial Appointment Commission with Chief Ministers and Governors as its members for the appointment of High Court judges. Meanwhile, the Congress opposed the provision of “veto power” to the Centre in judges’ appointments.
“State-level commission with Constitutional amendment is needed,” AIADMK leader M Thambidurai told the lok Sabha, making a strong pitch for a decisive role for the executive in judicial appointments. Quoting a letter written by Tamil Nadu Chief Minister J Jayalalithaa to law Minister Ravi Shankar Prasad, Thambidurai put up the demand for a State-level commission as a condition for supporting the NJAC Bill.
The AIADMK leader said he had already moved the amendments to these effects. He said the BJP Government had promised that it would give support to federalism in the country. “Where is itIJ” the MP asked. Thambidurai also demanded that retired judges should not be given any appointments (like Governors, etc). He asked if TRAI Chairman could be prohibited from taking post-retirement posts, why not judgesIJ “There should be a total ban,” he said.
The AIADMK leader said collegium did not promote good judges. He backed Congress leader Veerappa Moily’s proposal to have an All India Judicial Service for the appointment of judges. Advocating increasing role for the executive, Thambidurai said law Ministers were “mocked” in the past. “We are not clerks, we are elected representatives,” the AIADMK MP said, adding appointments of judges cannot be “on the whims and fancies” of judiciary.
Besides Thambidurai, Dharmendra Yadav (SP) and Asaduddin Owaisi (AIMIM) too sought a separate State-level commission to deal with appointment and transfer of Chief Justices and other judges of the 24 High Courts.
The Government has brought a Constitution Amendment Bill to establish a six-member commission for the appointment of judges to the Supreme Court and the High Courts. It has also brought in the National Judicial Appointments Commission Bill, 2014. While The Constitution (121st Amendment) Bill, 2014 seeks to set up 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 the appointment of Supreme Court judges and transfer and appointment of Chief Justices and other judges of High Courts.
Responding to a debate on the Bill in the lok Sabha, law Minister Ravi Shankar Prasad said the Government favours independence of judiciary, but the “sanctity” and “supremacy” of Parliament was equally important as it reflects aspirations of the people.
The law Minister will complete his reply on Wednesday following which voting will take place for the two Bills brought to set up a new mechanism for appointment of judges. The Congress is opposed to “veto provision” in the new Bill and expected to seek changes when the Bill comes to the Rajya Sabha.
“You have not seen what we have done. Wait for the day when the Government brings it on the penultimate day, you will see what we do,” party spokesperson Abhishek Manu Singvhi told newspersons. On the issue of veto provision, Singhvi said that there are issues with the veto provision. “I have said everything now by saying this. There are two-three very crucial changes which will affect the independence of judiciary. Some of them impinge on judicial independence. We will suggest those changes,” Singhvi said. The Government on Tuesday said it has no intention to interfere in the authority of the judiciary.