NEW DELHI, Aug 11:
Keen to scrap the collegium system, Government today introduced a Constitution Amendment Bill in Lok Sabha to establish a six-member body for appointment of judges to the Supreme Court and the High Courts.
Besides the Constitutional Amendment Bill, Law Minister Ravi Shankar Prasad introduced an enabling bill — the National Judicial Appointments Commission Bill, 2014.
While the Constitution (121st Amendment) Bill, 2014 seeks to put the proposed Commission and its entire composition in the Constitution, the other legislation lays down the procedure to be followed by the proposed body for appointment of Supreme Court judges and transfer and appointment of Chief Justices and other judges of the High Courts.
As per the proposal, Chief Justice of India will head the NJAC. Besides the CJI, the judiciary would be represented by two senior judges of the Supreme Court. Two eminent personalities and the Law Minister will be the other members of the proposed body.
To allay fears of the judiciary, the composition of the Commission has been given a constitutional status to ensure that any future Government does not tweak the composition through an ordinary legislation.
Meanwhile, strongly coming out in defence of the collegium system, the Supreme Court today deplored the criticism of the system of appointment of judges, saying a misleading campaign was on to defame judiciary which would shake people’s confidence in democracy.
“There is a misleading campaign going across to defame the judiciary and repeated attempts have been made to spread incorrect information,” a Bench headed by Chief Justice R M Lodha observed.
“We are more concerned about the purity of the system. Don’t try to spread something that is factually incorrect,” the Bench said and termed as “unfair” the campaign against the collegium system of appointment of judges because of allegations against one or two judges.
Justice Lodha made these remarks while dismissing a PIL that sought a declaration as non-binding a purported decision of the collegium to recommend the name of Karnataka High Court judge, Justice K L Manjunath as Chief Justice of Punjab and Haryana High Court.
“Who told you that his (Manjunath) name has been recommended for elevation. Because I am the Chief Justice and I head the collegium, I am not sure and I don’t know whether there is any other collegium,” the CJI said.
Official sources said that the collegium had recommended transfer of Justice Manjunath to Punjab and Haryana High Court and by virtue of seniority he could become acting chief justice of the court.
Justice Lodha’s remarks assume significance in the context of Government’s proposal to bring forward a legislation to replace the collegium with a National Judicial Commission for appointment of judges for higher judiciary. (PTI)
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