NEW DELHI: In a major boost to the Narendra Modi Government, the Rajya Sabha on Thursday passed two Bills to have a new mechanism to appoint judges to the higher courts.
A day after the Lok Sabha gave its assent, the Rajya Sabha passed the 99th Constitution Amendment Bill along with the National Judicial Appointments Commission Bill, 2014, with an overwhelming majority.
The Constitution Amendment Bill will facilitate setting up of a Commission for appointment of judges, replacing the 20-year-old collegium system which has been under severe criticism. The Constitution Amendment Bill was cleared by the Rajya Sabha with 179 votes in favour and one abstention of noted lawyer Ram Jethmalani.
The AIADMK, which abstained in the Lok Sabha, voted in favour of the amendment. The National Judicial Appointments Commission Bill was passed by a voice vote. With this, Parliamentary approval was accorded to the two Bills.
Unlike the Lok Sabha, the Rajya Sabha has taken up two Bills 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’.
The National Judicial Appointments Commission will come into force after ratification by 50 per cent of the state legislatures. The process could take up to eight months. After ratification, the government will send it to the President for his assent. 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. Finance Minister Arun Jaitley said that the process of appointments in judiciary today is not only by judicial primacy and has virtually boiled down to a system of judicial exclusivity.
“Today judges appoint judges and they will probably take the views of the Executive. There is only a marginal role of the consultation with the Executive. There is hardly any role that the Governor and Chief Minister has and if the Executive has a contrary view and there is strong reason for that contrary view and it conveys to the judiciary. It is considered as a view not taken.”
“The balancing act is to let this power be collectively exercised so that best judges can be appointed to higher judiciary. We are restoring the spirit of the Constitution while maintaining the primacy of the judiciary,” he said. Moving the Bill, Law Minister Ravi Shankar Prasad said the measure is not being brought in haste as there have been several committees in the past.