Judicial appointments Bill passed in Lok Sabha

The bills will now have to be passed by Rajya Sabha before they are sent to the president for his assent

The National Judicial Appointments Commission (NJAC) 2014-Bill was passed unanimously by the Lok Sabha on Wednesday, replacing the collegium system for appointment of judges.

Continuing his reply to the debate, which he had started on Tuesday, Law Minister Ravi Shankar Prasad reiterated that the government did not intend to encroach on the independence of the judiciary.

Prasad said: “We are for maintaining the sanctity of the judiciary. We have said this House respects independence of judiciary. Let the message go that this House is one for maintaining the dignity of the judiciary.”

Along with the Bill, the House also passed the Constitutional amendment Bill, which gives Constitutional status to the six-member Commission.

To secure the support of the Congress, the word unanimous was dropped from a clause in the Bill. The law minister said that according to the official amendment, if the President returns the recommendation of the Commission, the panel will not have to return the recommendation for reconsideration unanimously. Even if the recommendation is returned to the President without a unanimous recommendation, the candidate will have to be appointed.

The NJAC will decide appointment of judges to the Supreme Court and high courts.

In a departure from the existing system, ‘ability’ and ‘merit’ will be considered along with seniority for elevation, Prasad said.

Allaying the fears of members who had raised concerns on Tuesday, Prasad said he would work towards creating a data bank of lawyers and judges for consideration by the Commission.

He appealed to MPs to trust the “collective wisdom” of the Commission to elect the best candidates for the job.

The Bill will now need to be cleared by the Rajya Sabha, where the ruling Bharatiya Janata Party is in a minority; it will need the Opposition’s support to get the Constitutional amendment Bill passed.

Thereafter, it will need to be ratified by 50 per cent of the state legislatures, a process that could take as long as eight months. After which, it will need Presidential assent to become a law.

• NJAC six-member body, headed by Chief Justice of India, two senior judges of the Supreme Court, two eminent personalities and the Law Minister.
• Two eminent personalities will be selected by collegium of Chief Justice of India, the Prime Minister and Leader of the Opposition in Lok Sabha or the leader of the single-largest opposition party in the Lower House.
• One of the eminent persons will be nominated from among the persons belonging to the Scheduled Castes, Scheduled Tribes, OBCs, minorities or women.
• The term of the two eminent persons will be for a period of three years with a provisio that they cannot be renominated.