Cabinet cleared a proposal to scrap the Collegium System

The Union Cabinet cleared a proposal to scrap the collegium system of appointing judges to the Supreme Court and High Courts on 22nd August. A Judicial Appointments Commission (JAC) will be set up which will replace the collegium system of appointing judges to Supreme Court and High Courts. 

According to the proposal, the government will set up a panel headed by the Chief Justice of India (CJI) to appoint and transfer senior judges. The other members of the proposed Commission will comprise the Law Minister, two judges of the Supreme Court, two eminent persons as members and Secretary (Justice) in the Law Ministry as Member Secretary.

Moreover, the Leader of the Opposition of either House of Parliament will be part of a committee which will be set up to nominate two eminent persons to the JAC. The committee will also include the CJI and the Prime Minister as other members. A constitutional amendment bill will be tabled in Parliament to approve the proposal. The move to set up JAC will require amendments to Articles 124, 217, 222 and 231 of the Constitution and insertion of Article 124 A.

The views and opinions of the governors, chief ministers and respective chief justices of the 24 high courts will be sought in writing for appointment of judges as per the procedure determined by the JAC. Bar associations, jurists and other bodies can also be asked to provide suggestions.