The Lok Sabha on Wednesday passed the the Constitutional amendment bill and the National Judicial Appointments Commission Bill, 2014 to scrap the collegium system of appointing Supreme Court and high court judges.
The bill will now be introduced in Rajya Sabha where the BJP lacks majority.
The Congress is expected to create hurdles in the upper house and demand amendments in the present bill.
The voting was conducted after the Narendra Modi government, which was keen to scrap the existing collegium system, on Monday 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.
On Tuesday, the Lok Sabha had a long debate on the Bill with Law Minister Ravishankar Prasad, saying the government favours independence of judiciary but the “sanctity” and “supremacy” of Parliament is equally important as it reflects aspirations of the people.
He said the Modi government has “no intentions” to interfere in the power and authority of the Judiciary and was only acting to have a “fair procedure” to appoint judges to higher judiciary.
Prasad’s response came a day after Chief Justice of India RM Lodha strongly defended the collegium system of appointment of judges and said there was a concerted campaign to defame the judiciary.
“Everyone is out to condemn the collegium system terming it as a failure,” the CJI said adding, “don’t shake the confidence of people in judiciary.”
Besides the Constitutional Amendment Bill, Law Minister introduced an enabling bill — the National Judicial Appointments Commission Bill, 2014.
The Congress on Tuesday said it was not against the National Judicial Appointment Commission and constitutional amendment bill but it will seek some amendments.
“We are going to seek some amendments. We are not against the basic bill. We are not against the object sought to be achieved and we are not against the spirit. All those three things are ours but remember there are two or three significant substantive changes in the clauses. What effect they have on issues like independent judiciary?” Congress spokesperson Abhishek Manu Singhvi told the media.
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. While the constitutional amendment bill requires two-third majority, an ordinary bill requires a simple majority. The two eminent personalities will be selected by a collegium of Chief Justice of India, the Prime Minister and leader of the opposition in Lok Sabha or the leader of the single-largest opposition party in the Lower House.
The provision of having the leader of the single-largest opposition party has been made as there is confusion over Congress getting leader of the opposition post in Lok Sabha. One of the eminent persons will be nominated from among the persons belonging to the Scheduled Castes, Scheduled Tribes, OBCs, minorities or women. The term of the two eminent persons will be for a period of three years with a provisio that they cannot be renominated.
The bill provides that if two members of the NJAC do not agree, then the appointment will not go ahead. It also provides that the President can send back the recommendation of the panel back for reconsideration. But if the panel reiterates the recommendation “unanimously”, the President will have to go ahead with the appointment.