Like this post ? Share with your friends. Thanks LOK SABHA PASSES NATIONAL JUDICIAL APPOINTMENTS COMMISSION BILL The Lok Sabha on Wednesday passed the Constitutional Amendment Bill to scrap the collegium system of appointing Supreme Court and High Court judges and cleared the National Judicial Appointments Commission Bill 2014 to regulate the procedure. The National Judicial Appointments Commission Bill, 2014, was passed by voice vote along with one official amendment. The members also passed the 99th Constitution Amendment Bill, which gives Constitutional status to the proposed Commission, with 367 voting in favour and no one against it. JUDICIAL APPOINTMENTS COMMISSION The Judicial Appointments Commission is responsible for selecting judges in England and Wales. It is a non-departmental public body which was created on 3 April 2006 as part of the reforms following the Constitutional Reform Act 2005. It took over a responsibility previously that of the Lord Chancellor and the Department for Constitutional Affairs (previously the Lord Chancellors Department), although the Lord Chancellor retains responsibility for appointing the selected candidates. The Lord Chancellor has also given up his other judicial functions, including the right to sit as a judge in the House of Lords. The Commission launched its new system to select High Court judges on 31 October 2006, looking for candidates to fill 10 vacancies and 15 for a reserve list. Candidates submitted a nine-page application form, and shortlisted candidates were interviewed. All candidates were to be judged on merit alone, measured by five core qualities: intellectual capacity; personal qualities (integrity, independence, judgment, decisiveness, objectivity, ability; willingness to learn); ability to understand and deal fairly; authority and communication skills; and efficiency. THE JUDICIAL APPOINTMENTS COMMISSION BILL, 2013 HIGHLIGHTS OF THE BILLS • The Constitution (120th Amendment) Bill, 2013 amends provisions related to appointment and transfer of judges to the higher judiciary. • It establishes a Judicial Appointments Commission (JAC) to make recommendations to the President on appointment and transfer of judges to the higher judiciary. It empowers Parliament to pass a law providing for the composition, functions and procedures of the JAC. • The JAC Bill, 2013 states that the JAC shall comprise: (i) the Chief Justice of India (CJI), (ii) two other senior most judges of the Supreme Court (SC), (iii) the Union Minister for Law and Justice, and (iv) two eminent persons to be nominated by the Prime Minister, the CJI and the Leader of Opposition of the Lok Sabha. • The functions of the JAC include making recommendations for appointments of the CJI, SC judges, Chief Justice and other High Court (HC) judges, and transfer of HC judges. KEY ISSUES AND ANALYSIS • The current method of appointments has been examined by various bodies including the Law Commission and the Parliamentary Standing Committee. They vary in the role of the executive and judiciary in making appointments of judges. • The composition of the JAC has not been included in the Constitution, but has been left for Parliament to decide by law. This implies that modifying the composition of the JAC would not require a constitutional amendment, but may be altered by a simple majority in Parliament. • The Standing Committee examining the JAC Bill has recommended that (i) the JAC be composed of three eminent persons, (ii) the broad parameters for short listing of candidates for HC appointments be laid down in the Bill, and (iii) the centre also consider the setting up of state level appointments commissions comprising the Chief Minister, the Chief Justice of HC and the Leader of Opposition.
Posted on: Thu, 14 Aug 2014 06:30:14 +0000