AAP opposes private bill on National Judicial Commission

A private member bill to regulate the appointment of judges through the National Judicial Commission was introduced in the Rajya Sabha by CPM’s Bikash Ranjan Bhattacharyya on Friday but was opposed by AAP MP Raghav Chadha.

The National Judicial Commission Bill, 2022, was introduced after the majority of voice votes were in its favour.

Bhattacharyya moved the bill that aims to regulate the procedure to be followed by the National Judicial Commission for recommending people for appointment as the Chief Justice of India and other judges of the Supreme Court and Chief Justices and other judges of high courts.

Aam Aadmi Party (AAP) member Chadha opposed the bill, saying the concept of NJAC has come under the SC’s consideration three times in 1993, 1998 and 2016.

“All three times, while giving importance to the independence of the judiciary, the SC dismissed the framework of the NJAC. I have stood to oppose the NJAC,” Chadha said.

“We should not give any handle to the central government that they could interfere with the judiciary and appointment of judges. As they do in the case of the directors of the CBI and the ED, they want to do the same with the appointment of judges,” Chadha said.

If approved, the bill will regulate judges’ transfers, lay down judicial standards, provide for judges’ accountability, establish a credible and expedient mechanism for investigating the misbehaviour or incapacity of judges, and regulate the procedure for such investigation.

“We are attempting to do a constitutional impossibility. I think a system of judges’ appointment, collegium system, is working very well.

“There can be scope of improvement in it, which can be done through conversation with the judiciary,” Chadha said.