New Delhi:
Even as members of the Rajya Sabha created history by voting to impeach Justice Soumitra Sen of the Kolkata High Court on corruption charges, concerns have come to the fore about the manner in which judges are appointed. Now the government wants to push forward a new law, whereby judges will not be appointed by judges alone, as is the current practice. They want to set up a National Judicial Commission, which will comprise members from outside the judiciary to appoint, and oversee, the conduct of judges.
If passed, the Bill will ensure that judges to the Supreme and High Courts will now be appointed by the Law Minister, the Leader of the Opposition, an eminent citizen chosen by the government, in addition to the Chief Justice of India and two other top judges. But in order for this to be done, an amendment needs to be made to the Constitution.
Union Law Minister Salman Khurshid, is all for the amendment. ''We have to set the ball rolling and take steps to address this issue,'' he told NDTV.
But for this bill to be endorsed, it first has to go to the cabinet, where it must be approved and then it will be tabled in Parliament. Sources say the government is counting on the opposition's support here, as politicians across party lines have so far indicated their support for such a bill. BJP spokesperson Ravi Shankar Prasad says: ''This whole collegium system of appointment (of judges) is absolutely wrong. This system of judges appointing themselves was not envisaged by the Constitution.''
Some members of the judiciary however believe that the majority should remain with the judges. Eminent jurist, Justice PN Bhagwati says: ''Out of the five (members of the panel) three should be judges, sitting or retired. The majority should be with the judges.''
The government has proposed other changes, including advertising for High Court vacancies. But with a question mark hanging over the BJP's support in Parliament, and members of the judiciary uncomfortable with the change, it will take some doing to pass through this Bill.