A new law to replace the much-criticised collegium system is likely to be brought into force only after two eminent persons who would be part of the proposed high-level commission are nominated.
Besides nominating these two persons, the government has to put in place rules governing the National Judicial Appointments Commission (NJAC) Act.
“Also, a place befitting the stature of the Commission from where it will function has to be finalised before moving ahead,” a senior government functionary said in New Delhi.
President Pranab Mukherjee gave his nod to the NJAC Bill and an accompanying Constitutional Amendment Bill last week.
According to the new Article 124 A inserted in the Constitution, two eminent persons will be nominated to the Commission as members by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition (LoP) in Lok Sabha or where there is no such LoP, then the leader of single largest opposition party.
One of the eminent persons will be nominated from among the persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities or women.
The eminent persons will be nominated for a period of three years and will not be eligible for renomination.
The NJAC will be headed by the Chief Justice of India.
Two senior-most apex court judges, the two eminent persons and the Law Minister will be the members of the high-level panel.
Secretary, Justice in the Law Ministry will be the convenor of the NJAC.
The functionary said while the names of the eminent persons are finalised, the Law Ministry will start drafting the rules for the proposed body as mandated in Section 11 of the NJAC Act. The Commission will frame its own regulations as prescribed in Section 12 of the Act.
He said while government finalises a place for the Commission to function, some appointments of people to man the administration of the new body will also have to be made.
