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Changing collegium tough task for govt

Last Updated 29 July 2014, 19:47 IST

The government’s move to bring about changes in the process judges in high courts and the Supreme Court are appointed could prove to be an onerous task, despite the proposition seemingly gaining some momentum with jurists agreeing to it.

A high-level meeting attended by the law minister, the finance minister, former Chief Justices of India and other legal luminaries on Monday saw unanimity on the view that the existing collegium system must undergo some change.

However, there was a difference of opinion on who should get primacy in taking the final decision, said sources.

Those from the judiciary were not ready to give primacy to the executive, as was the situation before 1993, when the Supreme Court’s Constitution Bench passed a verdict changing the ground rule. But another viewpoint saw no harm in letting the government have the final say.

The government wanted to push for the Judicial Appointment Commission Bill, which would replace the system of judges appointing themselves.

According to the memorandum of procedure for appointment, the judges are appointed by the President on recommendation of a collegium consisting of the Chief Justice of India and four senior-most judges in case of the Supreme Court and the chief justice, along with two senior-most judges, in high courts.

The Judicial Appointment Commission Bill will replace the current system by setting up a six-member panel headed by the Chief Justice of India and consisting of two other senior-most Supreme Court judges, the Union law minister and two eminent persons to be nominated by the prime minister, the CJI and the Leader of Opposition in the Lok Sabha.

The commission will also recommend to the President transfer of judges of one high court to another. But the Constitution Amendment Bill has to be passed in Parliament with two-thirds of its members present and voting. Further, the Bill would have to be ratified by at least 50 per cent of the states to make it a reality. This would certainly take a long time.

Law Minister Ravi Shankar Prasad has reportedly tried to convey the government’s intent that it does not want to restore the pre-1993 situation, when the government had the primacy in making choices to the posts of judges.

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(Published 29 July 2014, 19:47 IST)

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