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Collegium system Vs JAC Bill: Modi Government must restore the credibility of Judiciary
Talking about the issue, the Law minister Ravi Shankar Prasad said, "there was a consensus for improvement and the need for making it (appointment of judges) more transparent".
For replacing the collegium system, the NDA Government had brought the Constitution (98th Amendment) Bill in the Lok Sabha in 2003 but failed to get in through. But this time, it seems new dispensation will definitely get the Bill pass in the Parliament.
Let's discuss the whole issue in detail.
What
is
in
JAC
Bill?
•
The
six-membered
committee
will
be
established
which
will
recommend
the
President
on
the
matter
of
appointment
and
transfer
of
judges.
•
According
to
DNA,
the
committee
will
comprise
of
the
CJI,
two
other
senior
most
judges
of
the
SC,
the
Law
Minister,
two
eminent
persons
(nominated
by
PM),
and
the
Leader
of
Opposition
of
the
Lok
Sabha.
•
The
decision
of
the
committee
will
be
by
consensus
and
in
case
of
no
unanimity
then
the
simple
majority
will
be
the
deciding
factor.
•
The
six-member
Judicial
Appointments
Commission
(JAC)
will
have
to
work
within
the
given
time
frame
limit.
•
According
to
report,
the
Bill
has
the
provision
where
judges
will
have
to
declare
the
details
of
their
assets
and
liabilities.
•
The
Bill
also
provides
the
mechanism
to
register
complain
against
judges.
What
is
the
Collegium
system?
•
This
is
the
Judges
appointing
Judges
system.
•
The
five-membered
committee
includes
CJI
and
the
four
senior-most
Judges
of
the
Supreme
Court.
•
No
constitutional
validity.
What
Constitution
says
on
the
matter?
•
There
are
two
Articles-124
and
217
which
deals
with
the
appointments
of
Judges
in
Supreme
Courts
and
High
courts.
•
The
Article
124
which
deals
with
appointment
of
SC
Judges,
says
that
President
has
the
right
to
appoint
the
judges
after
consultation
with
CJI
and
other
SC
Judges.
•
Similarly,
Article
124
which
deals
with
appointment
of
HC
Judges
says
that
President
has
the
right
to
appoint
the
judges
after
consultation
with
CJI
and
governor
of
the
State.
How
the
Collegium
system
came
into
being?
•
The
continuous
tussle
between
the
Judiciary
and
the
Executive
over
the
matter
of
Judges
Appointment
gave
the
genesis
to
this
Collegium
system.
•
This
system
came
into
being
after
the
series
of
three
SC
judgments
,
known
as
"Three
Judges
Cases".
•
In
‘First
Judges
Case',
dated
back
to
1980,
the
former
CJI
P.N.
Bhagwati
gave
the
decision
in
favour
of
the
Executive.
•
But
the
‘Second
Judges
case'
(1993)
completely
overruled
the
previous
decision
and
gave
the
power
back
to
Judiciary.
•
Then
came
the
‘Third
Judges
case' in
which
former
CJI
S.P.
Bharucha
put
out
the
complete
structure
of
collegium
system
of
judicial
appointments.
•
As
quoted
by
the
Hindu,
"the
collegium
must
take
into
account
the
opinion
of
the
Chief
Justice
of
India
which
"would
be
entitled
to
the
greatest
weight,"
the
views
of
other
Judges
of
the
High
Court
who
may
have
been
consulted
and
the
views
of
colleagues
on
the
Supreme
Court
bench
"who
are
conversant
with
the
affairs
of
the
concerned
High
Court."
At a time when credibility of Judiciary is at stake after recent allegations of misconduct against judges, the move to bring Judicial Appointments Bill is really laudable one. This is high time, the whole process of Judges appointments must be overhauled and a system should be established where the judiciary only be made accountable to the public. There shouldn't be unnecessary Executive interference on the matter. The Modi government should ensure that credibility of judiciary must be restored at any cost.
