Say NO to Collegium system of INDIA

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Collegium system in our country started in 1993 after the supreme court judgement. It is a judgement under which appointments and transfer of judges are decided by a forum of Chief justice of INDIA and four senior most judges of supreme court.

         INDIAN NATIONAL CONGRESS has promised that the judicial appointment bill will be a part of our constitution. The constitution bill 2013 was passed by the Rajya Sabha on Sept 5,2013.

It seeks to replace the collegium model of judicial appointments with JAC. In order to make it a law it needs to pass through-

passed by each house….

it also requires to be ratified by the legislature of not less than one half of the states.

assent by president…

 

The bill gives JUDICIAL APPOINTMENT COMMISSION the powers to appoint judges to the SC and high court.The bill introduces a new article 124-A to constitute a JAC for the appointment of judges of higher judiciary. JAC consists of six members – Chief justice of INDIA, two most senior judges of supreme court,law minister and two most eminent citizen appointed by collegium(PM,leader of opposition in Lok Sabha and Chief justice of INDIA).

Although, the Constitution bill 2013 was passed by the Rajya Sabha to become law, the said amendment has to be passed by the 16th lok sabha , legislatures of the state and President.

Considering the example of UNITED KINGDOM, candidates for judicial office are selected by JAC. The selection by JAC for high courts is based on merit of open competition among candidates. So, after interviews list and checking of financial, criminal and professional background checks are carried out. The commission makes the decision and recommend to the appropriate authority (lord chancellor, lord chief justice or senior president of tribunal) for the final decision which seems more unbiased, fair and open.

And moving over to collegium it’s inherently impossible for the collegium judges to personally know everything about all the eligible practising members of the bar.

Our new CJI RM Lodha said that he did not agree with the idea of having fixed tenure for chief justices and favoured continuing with the collegium system. He is heading the bench which is monitoring CBI probe into coal scam.

P.S. its been more than 60 years of independency and still we cannot decide the best for our constitution.

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