The Opposition is unlikely to have a direct say in appointment of senior members of the judiciary in a fresh Government proposal to replace the two-decade-old collegium system under which judges appoint judges.
The Union Cabinet is likely to consider on Thursday a law Ministry proposal to set up the National Judicial Commission (JAC) and ensure a say for the Executive in appointment of judges of the Supreme Court as well as of the 24 High Courts.The proposed JAC will be a six-member body headed by the CJI. Two judges of the Supreme Court, the law Minister and two eminent persons will be the members. Secretary (Justice) in the law Ministry will be a member secretary.
While an earlier proposal circulated in April this year said, “One view has been that the leader of the Opposition should be made a member of the JAC. This suggestion could be considered.” According to the fresh note, the leader of the Opposition will not be part of the proposed body.However, the leader of the 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 the Chief Justice of India and the Prime Minister as other members.
“In a way, the Opposition, through its leader will have an indirect say in appointment of judges as he or she will select the two eminent personalities to be nominated to the JAC,” said a senior Government functionary.The earlier proposal had said that the two eminent jurists will be part of the JAC. But these have been replaced with two eminent personalities. The JAC will have three judges, including the CJI, three non-jurists, and the law Minister.
The changes have been approved by the BJP as law Minister Kapil Sibal had recently shared the draft of the JAC Bill wilh leader of the Opposition in the Rajya Sabha Arun Jaitley who suggested replacing jurists with eminent personalities.