lS passes NJAC Bill, Upper House to vote today
The lok Sabha on Wednesday passed the National Judicial Appointments Commission Bill, 2014, which will replace the current collegium system of judges electing judges after the Government acceded to the demand of the Opposition to drop a controversial provision that gave veto power to the Government in rejecting any name, even in case it was passed 5-1 by the six-member commission. The House also passed a Constitutional Amendment Bill enabling the creation of the NJAC.
The Bill was later introduced in the Rajya Sabha by law Minister Ravi Shankar Prasad where the debate remained inconclusive till late evening. It will be taken up in the Upper House for voting and passing on Thursday.
The two Bills were passed by voice vote without any opposition after the law Minister accepted a Congress demand to drop the “unanimity” provision in case the President sent a name for reconsideration of the Commission.
Prasad moved an official amendment saying that if the President returned the recommendation of the Commission, the panel will not have to return the recommendation for reconsideration “unanimously”. The amendment makes it clear that if the recommendation is returned to the President without a unanimous recommendation, the candidate will have to be appointed.
Under the statute amendment Bill, 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.
Suggesting that the existing collegium system of judges appointing judges had flaws, the Minister said many good judges could not make it to the Supreme Court.
Under the new law where a Commission will decide appointment of judges to the Supreme Court and the High Courts, seniority along with “ability” and “merit” will be considered for elevation, Prasad said.
Rejecting the demand for a State-level judicial appointment commission, Prasad said Article 124 makes it clear that only the President can appoint judges to the Supreme Court and the 24 High Courts and it will be vulnerable to withstand scrutiny.
Congress member and former law Minister M Veerappa Moily, during the debate, had raised the issue of “unanimous” provision and demanded its dropping. The Opposition felt that under the original provision of
unanimity even one member can veto the Commission’s recommendation.
Piloting the Bills, Prasad said that the measures were aimed at ensuring that only meritorious people are selected as judges to the higher judiciary.
He said the proposed law does not impact the independence of the judiciary. The new law will provide for wider consultations for appointment of judges to the Supreme Court and High Courts.
“We are for maintaining the sanctity of the judiciary. We have said this House respects independence of the judiciary. That should be reassuring,” he said, allaying apprehensions that the new law would curb the independence of the judiciary.
Seeking support of all parties, he said: “let the message go that this House is one for maintaining dignity of the judiciary.”
Justifying the strength of the Commission to be six in the face of questions over the figure, he said the number had been decided on the basis of sum and substance of the recommendations of various commissions which have looked into the utility of the collegium system and earlier Bills.
After any Constitutional Amendment Bill gets Parliamentary nod, it is sent to all the States and 50 per cent of the State legislatures have to ratify it. The process could take up to eight months. After ratification, the Government sends it to the President for his approval.
In the Rajya Sabha, some members pointed out that the Constitution cannot be amended without the approval of 50 per cent of State Assemblies and questioned the Government over bringing the NJAC Bill, 2014 along with it. To this, the law Minister said the amendment to the Constitution will be effective only after the President gives his assent and the NJAC Bill is required to enable the States to know what is the framework being established.
Prasad moved the Bill after an hour-long debate on whether the House has powers to enact such a law. Deputy Chairman PJ Kurien even sought the opinion of former Attorney-General K Parasaran, who is a nominated member of the House on the issue, after members expressed divergent views, with some saying it ran the risk of being struck down by the court as “ultra vires”.
Asserting that the House had the right to make laws and there was nothing to be scared of, Prasad said the Government had no intent to “transgress” into the independence of the judiciary. Congress member Madhusudan Mistry questioned why the Bill was being brought in a “hurry” and without being listed in the day’s business.
Initiating the debate, Congress member Shantaram Naik said the legislation is a step towards restoration of supremacy of Parliament. He said the collegium system is “not perfect” and “rotten” with nepotism.
Supporting the legislation, BSP member Satish Chandra Misra said the independence of the judiciary has to be kept in mind and the proposed commission should adopt a non-discriminatory approach in appointment of judges and in ensuring that there is at least a representation from the SC community.
Bhupinder Yadav (BJP) stressed the need for laying a good procedure in the selection process of judges while Sukhendu Sekhar Roy (TMC) said nowhere in the world judges appoint judges. Ram Gopal Yadav (SP) and Majeed Memon (NCP) supported the legislation, saying the balance of power has to be restored in the system.
Collegium system on way out
2 National Judicial Appointments Commission Bill, 2014, will replace the current collegium system of judges electing judges
2 The House also passed a Constitutional Amendment Bill enabling the creation of the NJAC
2 The two Bills were passed by voice vote without any opposition after the law Minister accepted a Congress demand to drop the “unanimity” provision in case the President sent a name for reconsideration of the Commission
2 Suggesting that the existing collegium system of judges appointing judges had flaws, the law Minister said many good judges could not make it to the SC
2 Under the statute amendment Bill, 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
2 Rejecting the demand for a State-level judicial appointment commission, the law Minister said Article 124 makes it clear that only the President can appoint judges to the SC and the 24 High Courts and it will be vulnerable to withstand scrutiny