August 12, 2014 7:16 PM

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LS takes up discussion on National Judicial Appointments Commission Bill for consideration

The Lok Sabha has taken up discussion on the National Judicial Appointments Commission Bil, 2014 for consideration. Piloting the bill, Law and Justice Minister Ravi Shankar Prasad said that the government has no intention to confront with the judiciary. However, the solemnity of Parliament is equally important.

The Minister said the proposed Commission will be headed the Chief Justice of India. The Constitutional Amendment Bill will scrap the present collegium system for the appointment of the judges of Supreme Court and High Courts. He said the present bill has been brought after thorough discussions with all the stakeholders including political parties and members of judiciary.

In the proposed Commission, the judiciary will be represented by two senior judges of the Supreme Court. Two eminent personalities and the Law Minister will be the other members of the proposed body.

The Minister also introduce the 121st Constitution amendment Bill with insertion of new articles 124A, 124B and 124C along with the Judicial Appointments Commission.

During the discussion, M Veerappa Moily of the Congress has said the proposed National Judicial Appointments Commission lacks transparency in the selection of judges to the higher judiciary. Initiating the discussion in the Lok Sabha today, the former Law Minister said the veto power in the collegium system is more worrying factor as it imposes unilateral decision.

He said the presence of a lady member should be made mandatory in the proposed six-member Judicial Appointments Commission.
S S Ahluwalia of the BJP said a new collegium system will be necessary to bring transparency in the appointments of judges.

He also said there should not be any rotation of members after the expiry of the three-year tenure. The discussion remained inconclusive.
AIR correspondent reports, establishment of a six-member Judicial Appointments Commission will provide recommendations to the President on the appointment and transfer of judges. The six members commission includes the Chief Justice of India, Law and Justice Minister, two senior-most judges of the Supreme Court and two eminent persons.

The choice of the eminent persons will be left to the Prime Minister, Chief Justice of India and the Leader of Opposition Party or the leader of the largest party in Opposition. The bill makes it clear that the two eminent persons should belong to the Schedule Caste, Schedule Tribe, women or minority community, preferably by rotation and will have a tenure of three years.

The entire process under the Judicial Appointments Commission to ensure transparency in judicial appointments and transfers.

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