The Union Cabinet on 26 December
2013 approved the constitutional status to a proposed Judicial
Appointments Commission(JAC) for appointment and
transfer of judges to the higher judiciary.
The status would
ensure thatcomposition of the commission cannot be altered
through an ordinary legislation. A Parliamentary standing committee which
examined the Judicial Appointments Commission Bill, 2013 had also made a
similar recommendation.
There were demands that the composition as well as the functions
of the proposed JAC should be mentioned in the Constitution as a safeguard
against future changes.
As per the proposal, Article 124 A of the Constitution of India
will define the composition of JAC and Article 124 B will define its functions.
At present the composition of the panel is defined in the Judicial Appointments
Commission Bill 2013. It was introduced with a separate constitutional
amendment bill in Rajya Sabha in August 2013.
The decision to
make Judicial Appointments Commission was taken to do away the Collegiums
System of Appointment of Judges that allows Judges to make their own
appointments. As per the proposed Bill inclusion of two eminent persons in the
six-member Judicial Appointments Commission is to happen instead of the two
jurists. The decision was made to create a balance and avoid the extra weightage tojudiciary in the body.
As per the new
proposal the six members Judicial Appointments Commission would comprise of the
Chief Justice of India, two Supreme Court judges, Union Law Minister and two
eminent persons, instead of two jurists. To appoint the two eminent persons for the
appointments commission would be done by the collegium that
will include the Prime Minister of India, the Leader of Opposition and the
Chief Justice of India. The secretary of the Law Ministry will act as the convenor of the Judicial Appointment
Commissions but not the member of the commission.
Main Points of
the Judicial Appointments Commission (JAC) Bill 2013 are
• The JAC on
creation will do away the collegium system of appointments to the High
Courts and Supreme Courts
• The Article 124 (2) of the Constitution of India will be amended to give power to the President of India to appoint the Judges on the recommendation of the JAC
• The JAC will be determined by an ordinary law as per the Constitution (120th Amendment) Bill 2013 introduced in the Parliament by UPA government
• Constitutional Amendment in the JAC’s term will require two-third majority for modification in the Parliament. The ordinary law requires a simple majority
• The Article 124 (2) of the Constitution of India will be amended to give power to the President of India to appoint the Judges on the recommendation of the JAC
• The JAC will be determined by an ordinary law as per the Constitution (120th Amendment) Bill 2013 introduced in the Parliament by UPA government
• Constitutional Amendment in the JAC’s term will require two-third majority for modification in the Parliament. The ordinary law requires a simple majority
Article 124(2) of the Constitution of India: In
appointing the Judges of the Supreme Court, the President shall consult the
Chief Justice of India and such other Judges of the Supreme Court and of the
High Court’s as he may deem necessary.
