Govt refrains from making commitment on new law on judges' appointment

Government today refrained from making any commitment in Rajya Sabha on bringing a fresh law on appointment of judges after the previous legislation was struck down by the Supreme Court, saying it was for the polity to decide on the matter.

Responding to a Calling Attention on 'Situation arising out of impasse in appointment of judges in High Court and Supreme Court', Law Minister Ravi Shankar Prasad said the government has accepted the judgement on National Judicial Appointments Commission, Act 2014.

"We have accepted the judgement regardless of our reservation. Lot of questions were asked 'are you wiling to come again for this law'. The polity will have to take a call. I cannot make a commitment today," Prasad said.

To support his point, the Law Minister cited the example of Goods and Services Tax (GST) law wherein government had to work very hard for arriving at consensous for passage of the Constitutional Amendment Bill.

In a written statement, Prasad said the Supreme Court had invited suggestions for the improved working of the Collegium.

He said the government submitted its suggestions for improving the system for judicial appointments "subject to its reservation about the correctness of the judgment and it reserved its liberty to take such action as it may deem fit and the Parliament shall have the power...to govern the criteria and process of appointment of judges" to the SC and HC and "nothing contained in these suggestions or participation should be construed as stopping" the Parliament or government from exercising such power. The minister also said "there was no impasse" in appointment of judges. He did not give details regarding his ongoing discussion with the judicary on Memorandum of Procedure.

"I am not running away from debate in Parliament. I am discussing the whole MoP with judges...Let the process be complete. I am dealing with something sensitive...I want to tell the members that we are alive to the concerns you have reflected here. Let that process be complete. We will do our best," Prasad said.

The Supreme Court in its Ocbober 2016 order inter-alia struck down the Constitution (Ninety Ninth Amendment Act) 2014 and NJAC Act as unconstitutional and void. The apex court simultaneously revived the 'collegium system' for appointment of judges to higher judicary.