Judicial Appointments Commission Bill, 2013
- A Bill which seeks to scrap the collegium system of appointment of judges to the higher judiciary and give executive a say in the matter has been referred to a Parliamentary committee for further consultations.
- Law Minister Kapil Sibal had introduced an enabling bill — the Constitution (120th) Amendment Bill — and the Judicial Appointments Commission Bill, 2013, which defines the establishment of the proposed body to recommend appointment and transfer of judges.
- The government and the Opposition were united in seeking to scrap the collegium system of appointing judges to higher courts, saying it was essential to restore the delicate balance of power which has been disturbed.
- Under the present collegium system, the Chief Justice of India and four senior most judges of Supreme Court recommend to the government the names of judges for appointment to the High Courts and to the apex court.
- The government can return the file to the collegium only once for its reconsideration, but cannot refuse the recommendation. India perhaps is the only country where judges appoint judges
- The bill seeks to set up a Judicial Appointments Commission to recommend the appointment and transfer of Supreme Court and High Court judges.
- The bill seeks to set up a panel headed by the CJI to recommend the appointment and transfer of senior judges.The other members of the proposed Commission would be two senior-most judges of Supreme Court, the Law Minister and two eminent persons, along with the Secretary (Justice) in the Law Ministry as its convener.The two eminent persons will be selected by a panel headed by the Prime Minister with the CJI and the Leader of the Opposition in the Lok Sabha as its members.
- The Judiciary is opposed to the proposal and has defended the collegium system for appointment of judges in higher judiciary.
