Judges Appointment Bill Faces Last Hurdle in Rajya Sabha Today

New Delhi: A bill to change the system of appointing or promoting judges faces its last test in Parliament today before it becomes law.

Voting on the Judicial Appointments Commission Bill will take place in the Rajya Sabha a day after it was passed unanimously in the Lok Sabha.

Objections raised by the opposition may be a worry for the Narendra Modi government, which is in a minority in the 250-member Rajya Sabha, with 60 members. The support of the Congress, which has 69 members, is essential to pass legislation. (To Ensure Support For Judges Appointment Bill, Government Drops a Word)

The opposition has questioned the propriety of a Constitutional amendment bill presented at the same time as the judges' appointment bill. The government says the bill is essential to make a provision for the new Commission in the Constitution. The opposition says the Constitutional Amendment Bill has to be cleared by states before the judges' appointment bill can be taken up. (Most Top Jurors Want Collegium System to Be Changed, Attorney General Tells NDTV)

Even after it is passed, the judges appointment bill cannot come into force unless the Constitutional amendment Bill is ratified by 15 state assemblies.

The Congress has questioned the government's hurry to pass the bill without proper debate. Sources say back-channel talks are on to get the party on board.

Acting fast to get the bill passed, Law Minister Ravi Shankar Prasad moved the Constitutional Amendment bill in the Rajya Sabha on Wednesday night after an hour-long debate on whether Parliament has powers to enact such a law on the judiciary without taking it through states. (Government Tables Judges Appointment Bill Hours After Chief Justice's Dissent)

Asserting that the House had the right to legislate, the Law Minister said, "The commitment of our government to the independence of the judiciary is total and complete."

The bill sets up a six-member national panel to select Supreme Court and High Court judges, currently picked by a collegium of five of the country's senior-most judges. The commission will be headed by the Chief Justice of India and will include two Supreme Court judges, the Union Law Minister and two eminent persons. The Prime Minister, the Leader of Opposition and the Chief Justice of India will select the two eminent members. (Also Read: Congress to Back Proposal for Selecting Judges)

The government yesterday made an important concession to ensure the Congress' support for its bill. It agreed to drop the word "unanimous" from a clause that said all members of the panel have to agree to a judge's appointment if there are objections and the President sends back the same name for reconsideration. (Modi Government Plays Safe, Attempts Consensus on Key Bill)