The National Judicial Commission Bill was recently introduced in the Rajya Sabha to regulate the appointment of judges through it. A private member bill was introduced for it by CPI(M)’s Bikash Ranjan Bhattacharya. It got the majority of voice votes. However, it was opposed by AAP MP Raghav Chadha.
National Judicial Appointments Commission (NJAC)
The NJAC was established by the amendment of the Constitution of India through the 99th Constitutional Act, 2014, along with the NJAC Act, 2014. The NJAC Act came into force on April 13, 2015. But on October 16, 2016, the Constitution Bench of the Supreme Court struck down the NJAC as unconstitutional and void.
What is the bill about?
- Regulating the procedure to be followed by the commission for recommending people for appointment of the officials, including the Chief Justice of India and other judges of the Supreme Court and Chief justices and other judges of the High Courts.
- If approved, this bill will also regulate the transfer of judges and lay down judicial standards, and provide for accountability of them.
- It will establish a reliable and suitable mechanism for investigating individual complaints against judges of the apex court or a high court for their misbehaviour or incapacity. Also, it will regulate the procedure for such investigation.
- This bill also proposes the presentation of an address by the parliament to the president concerning the matters connected in addition to that or incidental to it and about the proceeding for the removal of a judge.
Aam Admi Party (AAP) MP Raghav Chadha opposes the bill
He said, “The concept of National Judicial appointments commission has come under the review of the Supreme Court thrice. The first time in 1993, the second in 1998, and the third in 2016. On all three occasions, the Supreme Court gave primacy to the independence of the judiciary, placing it on a pedestal where the idea of the National Judicial Appointments Commission was dismissed. I have stood to oppose the NJAC which my honorable colleague has introduced.”
“We are attempting to do a constitutional impossibility. I think a system of judge’s appointment, and the collegium system is working very well. There can be a scope for improvement in it which can be done through conversation with the judiciary. We should not give any handle to the central government so that they enter in the appointment of judges.”
What do we understand by Collegium System?
In a Supreme Court, the collegium is a five-member body. It is headed by the incumbent Chief Justice of India (CJI) and comprises the four other senior judges of the Supreme Court. While in a High Court, a collegium is led b the incumbent Chief Justice and two other senior judges of the court.
