Govt plans national judicial panels for appointment of SC,HC judges

With the proposed move,the government intends to give the executive a say in the appointment of Judges.

Less than a fortnight after the Rajya Sabha saw members bridging the party divide to find fault with the prevailing system of appointment of Judges of the Supreme Court and High Courts,the UPA government has quietly put in motion a plan to finally do away with the collegium system in favour of a more transparent system.

With the proposed move,the government intends to give the executive a say in the appointment of Judges. According to sources in the Union Law and Justice Ministry,drafting of a Constitution amendment Bill to replace the collegium system has already begun.

We have received instructions to finalise the draft of a Bill aimed at doing away with the collegium system. We plan to take the Bill for approval to the Union Cabinet soon. It may be introduced in the next session of Parliament, said a senior government functionary.

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Sources told The Indian Express that the government hopes to have a two-tier system one for the SC and another for the HCs. The ministry hopes to set up a National Judicial Commission headed by the Chief Justice of India and comprising an eminent jurist and Union Law Minister,among others,for making appointments to the SC.

For the HCs,the proposal is to set up a National Judicial Service Commission of India to be headed by a former CJI to recommend names for appointment.

The last time a central government tried to replace the collegium system was in 2003,when the NDA Government introduced the Constitution (98th Amendment) Bill in Parliament to constitute a National Judicial Commission. The Bill was referred to the Standing Committee but it lapsed with the dissolution of the Lok Sabha.