This Article is From Aug 11, 2014

Government Tables Judges Appointment Bill Hours After Chief Justice's Dissent

Government Tables Judges Appointment Bill Hours After Chief Justice's Dissent

Former Attorney General Soli Sorabjee, Law Minister Ravi Shankar Prasad and Defence Minister Arun Jaitley at a meeting last month to discuss appointments in higher judiciary

New Delhi: The Narendra Modi government introduced legislation to change the system of appointing judges for the Supreme Court and High Courts in Parliament today, hours after the Chief Justice of India strongly defended the collegium system of judges selecting judges.

The National Judicial Appointments Commission Bill was introduced in the Lok Sabha this evening as supplementary business, signaling the government's determination to pass the bill despite Chief Justice RM Lodha's strong words in support of the collegium system today.

"If the collegium system has failed then we are all failed," Justice Lodha had said.

Top sources indicate that the government wants to pass the bill in the next three days in the Lok Sabha, where it has a comfortable majority.

While it has a comfortable majority in the Lok Sabha, the Modi government is in a minority in the Rajya Sabha and needs the support of opposition parties to push legislation through. For the Judicial Commission Bill, it needs that support even more. The bill aims at a constitutional amendment, which requires two-thirds of each House to approve it. The BJP-led NDA does not have that strength in either House.

Law Minister Ravi Shankar Prasad had last week written to 26 parties, most of whom have reportedly backed the bill. The Congress, sources say, believes that the proposed law needs more time and consultation. The party is likely to reveal its stand tomorrow.

The version of the bill introduced in the Rajya Sabha by the previous Congress-led UPA government last year has been withdrawn.

The Bill sets up a six-member national panel to select the members of the higher judiciary, who are currently picked by a collegium of five of the country's seniormost judges. The proposed commission will be headed by the Chief Justice of India and will have as its members two judges of the Supreme Court, the Union Law Minister and two eminent jurists.
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