NDA Managers Carry the Day with Rajya Sabha Approving NJAC Bill

  • The National Judicial Bill Appointments Commission (NJAC) bill was approved in the Rajya Sabha during the Budget session by the Modi government
  • The NJAC Bill 2014 is set up for appointment and transfer of judges in higher courts, more than 50% of members gave their consent before it was approved by the President
  • Foreign direct investment has been increased from 49% in the budget session allowing the Opposition to raise issues related to them, the new government wanted Parliament’s approval for the Insurance Bill for better economic transformation
  • Since the bill was projected by UPA government the approval in Rajya Sabha was not a tough task and Parliamentary Affairs Minister said, “One of the landmark achievements of this session has been that the government has shown unmatched unanimity in passing the Constitution Amendment Bill and the Judicial Appointments Bill. We have achieved what has been debated for 24-odd years.”
  • Post the approval it is an opportunity and challenge for the NDA government, Union Law Minister opined that discussions have gone to change the collegium system where the legislature and the executive had no role
  • Further Mr. Prasad opined, “This House respects the independence of the judiciary and also the supremacy of Parliament.”
  • Data bank will be created to judges based on their performance for members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes and women
  • Doubts expressed by a few people were addressed by Mr.Prasad and clarified that the Prime Minister, Chief Justice of India and the leader of the largest Opposition party in the Lok Sabha will appoint the judges
  • The Finance Minister earlier had told that the “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,”
  • But a few lawyers opine that the Judicial Appointments Bill likely to be challenged opined by the senior members of the Bar
  • Senior Supreme Court lawyers pointed out a few defects which could cause trouble to judicial review as the government was in a hurry to “politicise the courts”
  • Further the senior judges opine that if the government had made efforts to discuss with the judiciary further conflicts between the executive and the highest judiciary could have been avoided
  • PIL was filed by a senior advocate to nullify the Bill and another senior advocate opined that the Bill “is an exercise for the Executive to get a handle on judicial appointments”
  • The advocate also said that the ruling part is attempting to politicise constitutional offices, though the collegiums has loop holes the Bill is not a solution while questioning the “concept” of having two eminent persons as members of the Commission
  • The concept of ‘eminent’ is not explained in the bill and the same was questioned by the senior advocates Anil Divan said the government “hurried too much, leaving weak spots in the Bill”
  • The former CJI opines and senior advocates told that there was no need to take advisory opinion and it is not the job of the judiciary to advice the Legislature on how to draft a Bill
  • The discussion regarding the Bill had started during the previous government and the new government has renewed the same said the formed CJI
  • Read at: http://www.thehindu.com/todays-paper/tp-national/njac-bill-now-goes-to-state-legislatures/article6320044.ece
  • http://www.thehindu.com/todays-paper/tp-national/judicial-appointments-bill-likely-to-be-challenged-lawyers/article6319970.ece
  • http://www.thehindu.com/todays-paper/nda-managers-carry-the-day-with-rajya-sabha-approving-njac-bill/article6319949.ece