Despite opposition from the judiciary, the bill to scrap the collegium system of appointing judges to the higher judiciary was introduced by law minister Kapil Sibal in the Rajya Sabha.
The bill entails a constitutional amendment and seeks to set up a Judicial Appointments Commission (JAC) to recommend appointments and transfers of higher judiciary.
The bill seeks to set up a panel headed by the Chief Justice of India (CJI) to appoint and transfer senior judges. Other members of the commission would be two senior-most judges of the Supreme Court, the law minister, two eminent persons as members and secretary (justice) in the law ministry as convenor.
The JAC will make the participants in the selection accountable and introduce “transparency” in the selection process. With India being one of the only country’s where judges appoint judges, the proposed body will seek to give the executive a say in appointments to the higher judiciary.
“The proposed bill would enable equal participation of judiciary and executive, making the system of appointments more accountable and thereby increase the confidence of the public in the institutions,” reads the Statement of Objects and Reasons of the Bill.
The Leader of the Opposition of either House of Parliament will be part of a committee to be set up to nominate two eminent persons to the JAC.
The committee will also have the CJI and the Prime Minister as other members. Under the proposal, the Centre will intimate the commission about vacancies in Supreme Court and High Courts.