The Rajya Sabha on Thursday unanimously passed the Constitution Amendment Bill for setting up the National Judicial Appointments Commission and the National Judicial Appointments Commission Bill, 2014, which sets the procedure for appointment and transfers of judges in higher courts.
The Constitution Amendment Bill, which required passage by a two-thirds majority of members present and voting, was adopted by 179 votes. It will now have to be ratified by 50 per cent of the State legislatures before it is sent for the President’s assent.
Amendments moved by P. Rajeeve and K.N. Balagopal of the CPI(M) and D. Raja of the CPI, one for expansion of the six-member commission, were defeated.
Moving the Bill, Union Law Minister Ravi Shankar Prasad said it was not being brought in haste as several committees in the past had recommended bringing in a change to the collegium system in which the executive and the legislature had no role.
Mr. Prasad said, to the thumping of desks, “This House respects the independence of the judiciary and also the supremacy of Parliament.”
Agreeing with the concern expressed by Sharad Yadav (JD-U), Mayawati (BSP), Ramdas Athavale (RPI-A), Mr. Raja (CPI) and Mr. Rajeeve on the disparity faced by members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes and women in the appointment of judges, Mr. Prasad said a “data bank” would be created of judges belonging to these sections who were performing well for consideration by the commission.
To doubts expressed by some members on the appointment of eminent persons on the Judicial Appointments Commission, he said the Prime Minister, the Chief Justice of India and the leader of the largest Opposition party in the Lok Sabha would appoint them. “Should we not trust their collective wisdom? If they can govern the country well, they can select eminent persons as well,” Mr. Prasad said.
Earlier in his intervention, Union Finance Minister Arun Jaitley, an eminent lawyer himself, said, “Today the process of appointment of judges has virtually boiled down to a system of judicial exclusivity and the role of other institutions is almost negligible. We are restoring the spirit of the Constitution while maintaining the primacy of the judiciary. In the six-member commission, no other group is as powerful as the judges group,” he said.
Ram Jethmalani, eminent lawyer, contended that there was no rationale in the Law Minister being on the commission as he could be somebody who might have to practise before the judiciary later.
After the approval of the Constitutional Amendment Bill to accord constitutional status to the commission, the Law Minister moved for passage the National Judicial Appointments Commission Bill, 2014, whose provisions detail its composition, functioning and procedures.
There was demand from some members to put the Bill to vote without debate as most of the issues about it had been debated during the discussion on the Constitution Amendment Bill.
However, Deputy Chairman P.J. Kurien said that since it was an important Bill he would give 30 minutes for discussion. It stretched on for much longer as Abhishek Manu Singhvi (Congress) made a long speech detailing his reservations on some aspects of the Bill. Several members pressed on amendments they had proposed to the Bill, which were all defeated by voice vote. Both the Bills were passed by the Lok Sabha on Wednesday.
