Revamp of old order?

The collegium system of appointment of judges to the higher judiciary may be on its way out as the Narendra Modi government is learnt to be working towards enhancing transparency in the appointment of judges to the higher judiciary by the reintroduction of the Judicial Appointments Commission Bill.
The Bill, prepared during the UPA-2 regime, is set to be revived after the allegations of Justice (Retd) Markandey Katju stating that the Central government and three Chief Justices of India had colluded in appointing a tainted judge to the Madras High Court. Under the current collegium system in higher judiciary, appointments and transfers of judges is decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court. But, the system has come under severe criticism as it is being seen as a secret society whose deliberations are not a matter of public record and cannot be questioned. Hence, the need to revamp or reform the current system was felt in the government circles.

It is not the first time that the NDA government has attempted to replace the collegium system of appointments to the higher judiciary. In 2003, the then Vajpayee government attempted to replace the collegium system without any success. The then law and justice minister Arun Jaitley had introduced a Constitution Amendment Bill, but the Lok Sabha was dissolved when the Bill was before a standing committee. However, this time around, the NDA government has decided to not take any chances on the issue and is expected to launch a comprehensive consultation on the issue. Sources stated that Union law and justice minister Ravi Shankar Prasad, this week, has written a letter to leaders of various political parties to enlist their views and support on the Judicial Appointments Commission Bill, which would replace the present system of judges appointing judges.

“The government is seeking the views of various political parties and eminent jurists on the proposal for setting up of a Judicial Appointments Commission,” Mr Prasad said.  The law ministry is learnt to be working on improving the Bill prepared during the UPA-2 regime and is expected to put a draft out before the consultation meet to seek the view of eminent jurists from across the country. NDA government has found “certain infirmities” in the UPA version and is likely to discuss it at the all-party meeting. Sources stated that the consultation process could be completed as soon as possible and brought before the Parliament for seeking the nod of both Houses.

The Judicial Appointments Commission is expected to consist of the Chief Justice of India, two seniormost judges of the Supreme Court, the Union law and justice minister, and two eminent persons.

Sources in the law ministry stated that the consultation process is expected to create certain hurdles for the government as the higher judiciary is not expected to take the suggestion lightly. However, with serious allegations of sexual misconduct made recently against two retired Supreme Court judges, coupled with allegations made by Justice Katju, the very credibility of the judiciary is now at stake, forcing the government to take a tough stand on the issue.