Overcoming resistance by the judiciary, Parliament today took the much-delayed historic step of clearing two bills to have a new mechanism to appoint judges to higher courts and scrap the collegium system which has been under severe criticism.
Rajya Sabha approved with overwhelming majority the 121st Constitution Amendment Bill along with the National Judicial Appointments Commission Bill, 2014, a day after Lok Sabha gave its nod to the measure with a crucial amendment of the opposition Congress being accepted by the government.
The Constitution Amendment Bill was passed with 179 votes in favour among 180 votes polled while noted lawyer Ram Jethmalani abstained. The Appointments Commission Bill was approved by voice vote.
Approval of the 245-member Upper House to the measure is significant as ruling NDA is in a minority there.
The two measures were taken up separately after questions were raised by members over legislative competence of the House amid apprehensions that it could be struck down by the judiciary as 'ultra vires'.
A determined government asserted that Parliament is supreme and competent enough to enact laws and that it has no intention of transgressing on independence of the judiciary through the new law.
Law Minister Ravi Shankar Prasad underlined that the new measure of appointing judges to Supreme Court and High Courts will come into effect only after ratification of the Constitution Amendment Bill by 50 per cent state assemblies.
The process could take up to eight months. After ratification, government will send it to the President for his approval.
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.
