Bill to scrap collegium system introduced in Lok Sabha

Bill seeks to establish a six-member body for appointment of judges to the Supreme Court and high courts

Even as the government withdrew from the Rajya Sabha the Judicial Appointments Commission bill introduced by the former UPA despite opposition from the Congress; it introduced a new bill in the Lok Sabha titled National Judicial Appointments Commission Bill 2014.

Although the BJP led government is eager to pass the new legislation, which will replace the existing collegium system of appointment of judges, in the remaining three days of this session, the Opposition Congress is in no mood to give it smooth passage.

The Congress is bent on sending the bill to the Standing committee where the issue of judicial appointments which is highly sensitive could be discussed threadbare.

The government’s move on the Judicial Appointments bill came on a day, when the Chief Justice RM Lodha hit out at the deliberate campaign to “defame the judiciary. 

“There is a misleading campaign going across to defame the judiciary and repeated attempts have been made to spread incorrect information,” said Justice Lodha. Defending the Collegium system from the recent attacks, Lodha today said, "Don't shake people's confidence in judiciary. For God's sake don't try to defame judiciary.”

The likes of Justice Markandey Katju have been consistently targeting the higher judiciary on appointments, protecting corrupt judges etc.

Late in the day, the Law minister moved the National Judicial Appointments Commission Bill 2014 which would “regulate the procedure to be followed by the National Judicial Appointments Commission for recommending persons for appointment as the Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts and for their transfers.”

The new bill proposes to establish a six-member body the NJAC, which will be headed by Chief Justice of India. 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.

To allay fears of the judiciary, the composition of the Commission has been given a constitutional status. The two eminent personalities will be selected by a 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.

 In the upper house today Law minister Ravi Shankar Prasad proposed to withdraw the earlier bill stating that it had no constitutional status and hence the need to bring in a new bill as well as a constitutional amendment for ushering in a new system of appointment.

The Congress stood isolated as it opposed the move demanding instead that amendments be moved to the bill. However all other Opposition parties the SP, BSP, Left Parties supported the government allowing the bill’s withdrawal.

Rejecting the charge that it had been isolated, Congress spokesperson Anand Sharma asserted that the party had asked for clarifications and not opposed it. “If we behaved obstructionist like what the BJP had done when in Opposition then the house would not function.”

The Congress camp which already thwarted the government’s bid to pass the Insurance bill, now seems determined to not allow this bill to be passed in this session as well and wants to send it to the Standing Committee. “There are only three days left and it is a sensitive issue, it cannot be passed in a hurry,” said Sharma.