Judicial Appointments Commission Bill cleared

The two bills amend the constitution for changing the process of appointing Supreme Court judges

The Rajya Sabha on Thursday cleared the National Judicial Appointments Commission Bill and the Constitution amendment Bill, which gives Constitutional status to the Commission for appointment of judges. This will replace the two-decade-old collegium system for appointment and transfer of  judges to the Supreme Court and the 24 high courts in the country.

The Constitution amendment will now require clearance from 50 per cent of the state legislatures before its gets the President’s nod.

Finance Minister Arun Jaitley said the independence of the judiciary is part of the basic structure of the Constitution and it must be maintained. “The balancing act is to let this power be collectively exercised,” he said, adding that this way the best judges can be appointed to the higher judiciary. “We are restoring the spirit of the Constitution while maintaining the primacy of the judiciary.” According to Jaitley, the government of the day must have a say in judicial appointments.

Talking to reporters later, Sitaram Yechury of the Communist Party of India (Marxist) questioned the undue “haste” shown by the government in passing these legislations. “Until the Constitution amendment Bill is passed and it gets into effect, the government cannot set up the Commission. This in itself is sufficient ground for the Supreme Court to strike it down as ultra vires,” he said.

Yechury urged the government not to do anything that would get struck down by the courts.

Noted jurist Fali S Nariman slammed the two Bills, which would scrap the collegium system, indicating he might move court against the Bills.