Judiciary: Govt, BJP move closer on replacing collegium system

The government and the BJP today appeared to have moved closer to a consensus on a proposal to scrap the two-decade-old collegium system of judges appointing judges and replace it with a body giving Executive a say in appointment of members to the higher judiciary.
Leader of the Opposition in the Rajya Sabha Arun Jaitley met Law Minister Kapil Sibal here to discuss the broad draft of the proposed National Judicial Commission which the government hopes will replace the collegium system.
"I have always been in support of the National Judicial Commission, and I have made some suggestions to Kapil Sibal. It is for the government to consider those... I can actually foresee a larger consensus evolving, subject to a broader agreement on the composition and nature of its (NJC's) functioning," Jaitley told reporters after the meeting.

Sibal sounded positive on the outcome of the meeting and said "In principle, subject to of course my government's agreement, I agree with what he has suggested and I am going to incorporate those suggestions and circulate it to the Cabinet in a week or so."
As NDA's Law Minister, Jaitley had in fact moved a Constitutional Amendment Bill in 2003 to scrap the collegium system. But the Lok Sabha was dissolved when the bill was pending with the Parliamentary Standing Committee.
According to a Cabinet note moved by Sibal's predecessor Ashwani Kumar, government proposes to set up a six-member JAC headed by the Chief Justice of India with the Law Minister as a representative of the government.

The JAC will also have two judges of the Supreme Court, two eminent jurists nominated by the President as members.
The government is open to include the Leader of Opposition in the Commission.