Government starts work on Judicial Appointments Commission, asks 25 parties for views

NEW DELHI The Centre has written to 25 national and regional parties for views on formation of a Judicial Appointments Commission, setting in motion the process for a law to establish such a body.

It would replace the collegium of Supreme Court judges that at present decide on the appointments and transfer of judges to SC and high courts. Government sources said the law ministry has written to 25 political parties, including national parties, asking them to send their views on the proposed Judicial Appointments Commission. The erstwhile NDA government had also solicited views of various parties on the issue but was voted out before the process could be completed.

“To those political parties which had sent their opinion on the formation of a Judicial Appointments Commission during the Vajpayee government, we have attached their views along with the letter sent to them. We wish to know if the particular party holds the same view today or has revised its opinion,” a government official said on the condition that he not be named.

Officials underlined that the government is not going to show any haste in forming a JAC to replace the collegium system and due diligence will be done before a bill is brought in Parliament. Views of jurists and other experts, among others, would also be sought. “Government is likely to bring the Bill by the winter session of Parliament,” the sources said.

However, the role of Supreme Court judges in appointing judges to the apex court and the high courts will definitely be diminished once the collegium system – where a panel of five judges have the final word – is done away with. But the officials maintained that judiciary would still play a significant role.

“Rest assured, the judiciary will be given due importance in the decision making on the appointment of judges to the Supreme Court and the high courts and it will continue to play an important role in the appointment of judges even under the new law,” the source said.

The bill to be brought by the NDA government after obtaining the views of a cross section of people and organisations would be a Constitutional Amendment Bill. It would alter Article 124 of the Constitution by inserting 124 (A) which would define the composition of the Commission and 124(B) that would define its functions.