With the principal Opposition BJP on board, the government has decided to bring an amendment bill to disband the collegium system of appointing judges in the Supreme Court and high courts by replacing it with a Judicial Appointment Commi-ssion (JAC).
A proposal to this effect from the ministry of law and justice is high on the agenda of the Union Cabinet, which will meet on Thursday.
Revealing this, sources in the government said, “The Union Cabinet in its meeting, which will be chaired by Prime Minister Manmohan Singh, is likely to consider a proposal for making amendments in the constitutional provisions for appointment of judges of the Supreme Court and high courts by establishing a JAC.”
The move, however, comes notwithstanding opposition from the legal fraternity, including the higher judiciary and Bar Council of India.
Sources, quoting the draft Cabinet note, said the JAC bill prescribes that the law secretary, who will act as convenor of the commission, will lay down the procedures to be followed and that would include recording of minutes of the panel’s meetings and decisions taken. In the present collegium system, proceedings are not recorded and no minutes are kept of the discussions.
The government’s move becomes important, particularly in the backdrop of the recent controversy where Gujarat high court Chief Justice Bhaskar Bhattacharya had alleged that rejection of his candidature for the top court was motivated.
As already reported in a section of the media, the draft Cabinet note proposes that the Chief Justice of India will head JAC, which will also have of the two seniormost judges of the top court, two eminent jurists and the law minister as members. Though no specific proposal has been made to include Leader of the Opposition as member, sources said such a move could be considered.