New Delhi: The government reportedly wants to have a greater say in the appointment of judges. A Cabinet note circulated by the Law Ministry proposed to scrap the present collegium system by replacing it with a Judicial Appointments Commission headed by the Chief Justice of India with the Law Minister as a representative of the government. The proposed Judicial Appointments Commission (JAC) will be a six-member body headed by the CJI. Two puisne judges of the Supreme Court, the Law Minister and two eminent jurists nominated by the President will be the members, the note said.
"One view has been that the Leader of the Opposition should be made a member of the JAC. This suggestion could be considered," the Cabinet note reads. Secretary, Department of Justice will be the Convener of the panel.
The move would entail amendments to Articles 124, 217, 222 and 231 of the Constitution and insertion of Article 124 A. The views of the Governors, Chief Ministers and respective Chief Justices of the 24 High Courts will be elicited in writing for appointment of judges as per the procedure which could be determined by the JAC.
The proposed body will recommend appointment of judges of the Supreme Court and Chief Justices and judges of the High Courts. The panel will also recommend transfer of Chief Justice and judges of the High Courts. "Any person who is not recommended for appointment as a judge by the JAC shall not be appointed by the
06:51 PM, Apr 17, 2013