The Union Cabinet on Thursday decided not only to negate Supreme Court judgements barring jailed politicians from contesting polls and those convicted from holding their posts, but also cleared a Bill to scrap the collegium system of appointment of judges of the apex court and High Courts.
The Cabinet decided to amend the Representation of Peoples Act and bring the Judicial Appointments Commission Bill in Parliament during the Monsoon Session. Emboldened by the support from all parties on issue during an all-party meeting earlier, the Government is confident that unlike Food Security Bill, it would have no difficulty in getting these legislations approved by Parliament.
As per the law Ministry proposal cleared by the Cabinet, lawmakers convicted for more than two years jail term will not face immediate disqualification but will be barred from voting in the House besides drawing salary and other emoluments till the court decides their appeal. The proposal makes it clear that an MP or MlA cannot be disqualified after conviction if his or her appeal is pending before a court and sentence is stayed.
The Ministry has proposed that the amendment to the RPA shall come into effect from July 10, 2013, the day the Supreme Court gave the landmark judgement.
For its part, the National Judicial Commission Bill entails replacing the collegium system and a panel headed by the Chief Justice of India and having two judges of the Supreme Court, the law Minister, two eminent persons as members and Secretary (Justice) in the law Ministry as Member Secretary giving the power to appoint and transfer judges.
Though the judiciary has been opposing the law Ministry’s proposal, politicians infuriated over the recent Supreme Court verdicts against MPs and MlAs have come out to support the Constitution Amendment Bill.
An earlier proposal circulated in April had incorporated the view that leader of Opposition should be made a member of JAC, but according to fresh note, the leader of Opposition will not be part of proposed body. However, the leader of Opposition of either House of Parliament will be part of a committee to be set up to nominate two eminent persons to the JAC. The committee will also have CJI and the PM as other members.