File Photo of President Pranab Mukherjee. (Press Trust of India)
New Delhi:
A national body to appoint judges - which will replace the current collegium system - came into force today with the nod from President Pranab Mukherjee.
The new system is expected to open up the process of selection of judges for the high courts and the Supreme Court by making politicians and citizens a part of the process.
The collegium system, under which a forum of judges used to conduct the selection following a Supreme Court ruling of 1993, has been criticized for its opacity.
Earlier the executive used to appoint judges in consultation with the judiciary.
The judges contended that selection of judges by a national body might interfere with judicial independence.
The National Judicial Appointments Commission will recommend the appointment, transfer of judges and ensure their ability and merit. The six-member panel will comprise two senior judges, the law minister and two eminent citizens. It will be chaired by the Chief Justice of India.
The two citizens will be nominated by a collegium of the CJI, the Prime Minister and the leader of the single largest opposition party. One of the nominated members will have to belong to the Scheduled Castes, Schedules Tribes, backward castes, minorities, or women. They will be selected for a term of three years and cannot be re-nominated.
The Judicial Appointments Commission bill was passed by both Houses of Parliament in August. Since it proposed a change in the Constitution, it had to be ratified by at least half of the state legislatures as well.
So far, over 15 state legislatures have ratified the constitutional amendment bill.