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Updated: September 8, 2013 03:35 IST
Judges appointment bill

Sibal says ‘sorry’ for ‘hasty’ passage of crucial Bill in RS

Gargi Parsai
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Amid protest from the opposition, Union Law Minister Kapil Sibal apologised in the Rajya Sabha about non-passage of Constitution Amendment Bill . A file photo/TV Grab.
PTI Amid protest from the opposition, Union Law Minister Kapil Sibal apologised in the Rajya Sabha about non-passage of Constitution Amendment Bill . A file photo/TV Grab.

Kamal Nath says it could not be taken up in LS due to a ‘patent and technical error’

The government on Saturday faced a major embarrassment in the Rajya Sabha as Opposition members forced Law Minister Kapil Sibal to say “sorry’’ for failing to get a Constitution Amendment Bill cleared in the Lok Sabha after getting it “hastily’’ passed in the Upper House on Thursday. The Lok Sabha was adjourned sine die on Friday.

The government was charged with “misleading” the House in getting the Bill passed without having referred it to a parliament standing committee as sought by a majority of members.

The Bill, which paves the way for the constitution of a Judicial Appointments Commission to recommend appointment of judges in higher courts, could not be taken up in the Lok Sabha due to a “technical mistake” in the title that “could not be rectified in time”.

Earlier, Parliamentary Affairs Minister Kamal Nath said the government was keen to take up the Bill but was prevented from doing so in the Lok Sabha due to a “patent and technical error.” This, however, did not pacify members and led to an adjournment of the House. On reassembling, the House continued to witness similar scenes and order was restored only after Mr. Sibal said he was “sorry” and “regretted’’ that the Bill could not be passed in the Lok Sabha despite his best efforts.

The House saw two adjournments in the pre-lunch session as BJP members, led by Ravi Shankar Prasad, demanded that Mr. Sibal “apologise” as “deep anguish” was not enough. As the issue was raised, N.K. Singh (Janata Dal–United), Naresh Agarwal (Samajwadi Party), Thaawar Chand Gehlot (BJP) and V. Maitreyan (All India Anna Dravida Munnetra Kazhagam) got up and raised a protest.

Mr. Prasad charged the government with taking the House for a ride and sought an apology. Communist Party of India (Marxist) members P. Rajeeve, Prasanta Chatterjee and T.K. Rangarajan too questioned the government’s intentions. Najma Heptulla (BJP) wanted to know who was behind the mistake.

Mr. Sibal said there was “a patent error” in the title of the Bill that was spotted by the Rajya Sabha Secretariat, corrected and transmitted to the Lok Sabha. When introduced, it was titled the Constitution [120th] Amendment Bill, but when passed it should have read as the Constitution [99th] Amendment Bill.

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in present collegium system,the judges are elected by chief justice of
india along wth four senior most judges supreme court collectively
called collegium because of supreme court judgement 1993 about article
124.prior 1993 ,executives were also consulted but now after 1993 they
dont have any in appointment.however,by judical commision bll
compromise chief justice ,2 senor most judges,union law minister,2
emminent personalities (choosen by committe ofprime minister,chief
justice and leader of opposition),executive want some say in judicial
appontment.even if this vast exercise of passing constitutional
amendment (vast because this amendment requires consent of 15
states),basic structure doctrine might come into play which does not
allow parliament to amend basic structure of constitution and if
parliament does pass such blls or amendment ,supreme court can struck
them down.also ,article 50 which has not been amended in the bill was
crucial in setting collegium in 1993.sc can review it.

from:  johnathanlegg
Posted on: Sep 10, 2013 at 03:26 IST

I bet the error in the bill was on purpose. Vast majority in the parliament is
committed to pass the judicial reform bill. But there are vested interests in the
government and bureaucracy who benefit from judicial favoritism and corruption and
they subverted the bill.

from:  Raj
Posted on: Sep 8, 2013 at 04:35 IST

Any person familiar with the legal and political history of judicial appointment to the
higher judiciary would agree that it an important issue having a bearing on the very
essence of Indian parliamentary democracy. The proposed law to change the current
law dealing with such an important issue through a constitutional amendment deserves
to be analysed and discussed by the parliamentary standing committee before it is
finally taken up by the parliament. The legislature needs to throughly study and debate
this issue. It is foolish and callous to bypass this process and adopt a short cut.

from:  Raghu
Posted on: Sep 7, 2013 at 17:18 IST

How and why people are allowing this sham government to function?
Amendments to keep criminals in the parliament against Supreme Court judgement, RTI amendment, Judges appointment ... all passed without proper debate and taking into account the voice of the people. Just to further their interest Govt. and political parties have stooped to a level which every day is becoming dangerous for the stability of democracy in the country.

How long do they expect people to bear this non-sense and this "kabuki" parliament.

These so called "parliamentarians" of ours are playing it dangerously against the 1.2 billion strong masses.

from:  Rahul
Posted on: Sep 7, 2013 at 14:21 IST

Another rushed decision will led down their dynasty

from:  Gurtej Singh
Posted on: Sep 7, 2013 at 12:57 IST
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