Judicial Appointments Commission bill passed

Rajya Sabha on 14th August passed the landmark National Judicial Appointments Commission Bill, 2014, which was unanimously cleared by the Lok Sabha on 13th August. The Bill was passed by a voice vote. A Constitution Amendment Bill to facilitate the establishment of a Commission to appoint judges to higher judiciary was also passed by majority in the Upper House. This will come into effect only after ratification of the Constitution Amendment Bill by 50 percent state assemblies. 

With this step, the Collegium system of judges appointing judges will be changed with a six-member Commission headed by Chief Justice of India making the appointments and transfers. 

The Constitution Amendment Bill seeks to lay down the architecture for setting up of the National Judicial Appointments Commission (NJAC) through another enabling bill. 

After the bill becomes law, the government will have a say in the appointment of Supreme Court and High Court judges after 21 years. Once the Commission is formed, 266 vacancies for judges in 24 High Courts are likely to be filled expeditiously. The Supreme Court, which has a sanctioned strength of 31, also has one vacancy. The appointment of new judges is also expected to speed up the backlog of legal cases in courts across the country. 

Under the statute amendment bill, Chief Justice of India will head the NJAC. 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 of the proposed body. 

Important points:

• Parliament has passed the 99th Constitutional Amendment to create a National Judicial Appointments Commission, and another Bill mandating its procedures.
• The commission consists of the Chief Justice of India, his two senior most colleagues, the Law Minister and two eminent persons. The persons last mentioned are to be chosen by the Prime Minister, the Chief Justice and the Leader of the Opposition in the Lok Sabha.
• The commission is to recommend persons for appointment as Chief Justice and other judges of the Supreme Court and the High Courts.
• The Bills as enacted were not circulated for public discussion and comment, although discussion on the broad contours of such a body has been going on for several years.
• These enactments will replace the system which has held sway since 1992. In that year, the Supreme Court virtually rewrote the constitutional provisions which gave primacy to the government in such appointments, obliging consultation with the judiciary but not more.