Judicial Appointments Commission Bill passed in Rajya Sabha

In the Upper House, the government and the BJP joined forces to support sweeping changes in the appointment of judges.

During a debate on the proposed Bill in Parliament, BJP leader Arun Jaitley called for monumental changes in the appointment of judges and said currently there was no objective assessment of judges before appointment. He also said that a judicial commission should make judges accountable.

"Judicial activism is welcome but activism and restraint are two sides of the same coin," Mr Jaitley said.

Mr Jaitley also said the desire of a post-retirement job is a danger to the judiciary. "The temptation to occupy a Lutyen's bungalow is very serious," he commented.

Law Minister Kapil Sibal said there was no dispute that the present system did not work. "How judges are chosen, there is no access or transparency to that decision as the RTI does not apply. It is very sad the way in which the chachas and bhatijas (relatives) of some judges are practising in courts."

The Bill gives the government a say in the appointment of judges of the Supreme Court and high courts.

The bill provides for a Judicial Appointments Commission (JAC) for appointing judges to the Supreme Court and 24 High Courts and also to recommend transfers.

Currently, judges for the higher judiciary are appointed by a Supreme Court collegium of five judges headed by the Chief Justice, a system implemented two decades ago.

The proposed commission will be headed by the Chief Justice and have the two most senior judges of the Supreme Court, the Law Minister and two eminent persons as members and Secretary (Justice) in the Law Ministry as Convener.

The government had said the current system of appointing judges was flawed and had led to a huge shortfall in courts across the country.