The Congress will support the National Judicial Appointments Commission Bill-2014, moved by the Bharatiya Janata Party (BJP)-led government in Parliament.
Keen on getting the Bill, which will replace the existing collegium system of appointments of judges, passed in the current session, Law Minister Ravi Shankar Prasad started discussion on the Bill in the Lok Sabha on Tuesday. The Congress has decided not to oppose the Bill because it was the previous United Progressive Alliance (UPA) government that had first proposed the Judicial Appointments Commission and then floated a legislation.
The law minister will complete his reply on Wednesday, following which voting will take place for the two Bills, according to a PTI report.
Despite opposition from Congress members, the law minister managed to withdraw the earlier Bill of the UPA in the Rajya Sabha on Monday, thanks to the backing of all other opposition parties. The new Bill was introduced in the Lok Sabha in the late evening.
Kicking off the discussion on the Bill, Prasad said the government's aim was to having a "fair procedure" for appointing judges to higher courts and it has no intention to have any confrontation with the judiciary on the issue. "The government has no intention, whatsoever, of having any confrontation with the judiciary. As an article of faith, we respect the judiciary," said Prasad. The minister's remark was aimed at reassuring the judiciary with even Chief Justice R M Lodha stating on Monday that recent moves might "defame the judiciary." Dismissing suggestions by the Congress that the government was "rushing through", Prasad said: "No, we are not at all rushing. It is only the culmination of a 20-year exercise," he said. Till late in the evening on Monday, the Congress had been keen on sending the Bill to a standing Committee. It has, however, changed its stand since then.
The Bill was taken up for discussion over the listed item of the Apprentices Amendment Bill, 2014 amid protests from opposition Congress.
Former law minister Veerappa Moily, who is also a lawyer, speaking on behalf of the Congress, questioned the provision of the 'veto' - if two of the six members oppose a candidate, his or her appointment will not get through. Moily stated that this was "undemocratic". Also highlighting the point that the term "eminent" persons had not been defined, he urged that one of the two eminent be a woman.
All India Anna Dravida Munnetra Kazhagam (AIADMK) leader M Thambidurai demanded the executive be given more role in judicial appointments and states should have a separate commission for appointment of High Court judges. The BJP's S S Ahluwalia rejected the view that the Bill seeks to create confrontation between legislature and judiciary. "Bringing amendment and introducing legislation is the primary work of the legislature. With passage of time, everything needs amendment," he said.
Parliamentary Affairs minister M Venkaiah Naidu told BJP MPs that the Parliament session could be extended to pass crucial legislation such as the National Judicial Appointments Commission Bill 2014.
Keen on getting the Bill, which will replace the existing collegium system of appointments of judges, passed in the current session, Law Minister Ravi Shankar Prasad started discussion on the Bill in the Lok Sabha on Tuesday. The Congress has decided not to oppose the Bill because it was the previous United Progressive Alliance (UPA) government that had first proposed the Judicial Appointments Commission and then floated a legislation.
The law minister will complete his reply on Wednesday, following which voting will take place for the two Bills, according to a PTI report.
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The Congress Parliamentary Affairs Committee, chaired by Congress president Sonia Gandhi, met this morning and decided not to oppose the Bill. However, the party will voice its concern over certain provisions in the Bill such as equal veto power for both the Judiciary and the Executive. The Congress disagrees with it on the ground that it might amount to supremacy of the Executive over the Judiciary.
Despite opposition from Congress members, the law minister managed to withdraw the earlier Bill of the UPA in the Rajya Sabha on Monday, thanks to the backing of all other opposition parties. The new Bill was introduced in the Lok Sabha in the late evening.
Kicking off the discussion on the Bill, Prasad said the government's aim was to having a "fair procedure" for appointing judges to higher courts and it has no intention to have any confrontation with the judiciary on the issue. "The government has no intention, whatsoever, of having any confrontation with the judiciary. As an article of faith, we respect the judiciary," said Prasad. The minister's remark was aimed at reassuring the judiciary with even Chief Justice R M Lodha stating on Monday that recent moves might "defame the judiciary." Dismissing suggestions by the Congress that the government was "rushing through", Prasad said: "No, we are not at all rushing. It is only the culmination of a 20-year exercise," he said. Till late in the evening on Monday, the Congress had been keen on sending the Bill to a standing Committee. It has, however, changed its stand since then.
The Bill was taken up for discussion over the listed item of the Apprentices Amendment Bill, 2014 amid protests from opposition Congress.
Former law minister Veerappa Moily, who is also a lawyer, speaking on behalf of the Congress, questioned the provision of the 'veto' - if two of the six members oppose a candidate, his or her appointment will not get through. Moily stated that this was "undemocratic". Also highlighting the point that the term "eminent" persons had not been defined, he urged that one of the two eminent be a woman.
All India Anna Dravida Munnetra Kazhagam (AIADMK) leader M Thambidurai demanded the executive be given more role in judicial appointments and states should have a separate commission for appointment of High Court judges. The BJP's S S Ahluwalia rejected the view that the Bill seeks to create confrontation between legislature and judiciary. "Bringing amendment and introducing legislation is the primary work of the legislature. With passage of time, everything needs amendment," he said.
Parliamentary Affairs minister M Venkaiah Naidu told BJP MPs that the Parliament session could be extended to pass crucial legislation such as the National Judicial Appointments Commission Bill 2014.