law Minister Prasad writes to party leaders seeking suggestions on Bill
In its first move signaling the Government’s attempt to replace the Collegium system for appointment of superior judges, Union law Minister Ravi Shankar Prasad has written to leaders of major political parties to elicit their views on the proposed National Judicial Commission Bill.
The move comes in the wake of recent developments that exposed the manner in which the UPA-I Government had influenced decisions of the Supreme Court Collegium to recommend extension of a Madras High Court judge, despite having a corrupt history. The instance, highlighted by a former SC judge and Press Council of India chairman Markandey Katju, ended up embarrassing three former CJIs, who were accused by him of making “improper compromises” before finally “succumbing” to political pressure.
Although the Government had announced its plans to take all political parties on board on the question of judicial appointments, a formal letter from the Ministry was issued on Wednesday to suggest the contours of the new proposed bill on the subject that is likely to be introduced in the coming session of Parliament. The Government will also consult eminent jurists on the subject.
Prasad’s letter also comes against the backdrop of the Centre returning the recommendation of the Supreme Court Collegium to recommend the name of senior lawyer Gopal Subramanium as an apex court judge.
Sources said the NDA Government found “certain infirmities” in the UPA Bill that sought to replace the Collegium system with a broad-based Appointments Commission.
The NDA Government in 2003 had suggested replacement of the Collegium but the proposal met no success. The then law Minister Arun Jaitley introduced a Constitution Amendment Bill in lok Sabha but the Bill was referred to Standing Committee and subsequently lapsed with the expiry of the House.
later, the UPA Government initiated a fresh move in this regard. The National Judicial Appointments Commission Bill was introduced in Parliament but failed to get its nod as eminent jurists and Opposition BJP sought constitutional status to the proposed body. The Centre even agreed to this request and proposed introduction of Article 124A in the Constitution to institutionalise the JAC. This was done to allay apprehensions of successive Governments resorting to alter the composition of the JAC.