National Judicial Commission Bill Introduced In Rajya Sabha

A private member bill was introduced by CPI (M)'s Bikash Ranjan Bhattacharya in Rajya Sabha on Friday to regulate the appointments of judges to the High Courts and the Supreme Court.

Bhattacharya's bill proposes to set up a National Judicial Commission for recommending persons for appointment as the Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts.

The proposed law also aims to lay down judicial standards and provide for accountability of Judges, and establish "credible and expedient" mechanisms for investigating individual complaints for misbehaviour or incapacity of a Judge of the Supreme Court or of a High Court and to regulate the procedure for such investigation.

The bill proposes "presentation of an address" by Parliament to the President in relation to proceeding for removal of a Judge and for matters connected therewith or incidental thereto.

The National Judicial Commission Bill was opposed by Aam Aadmi Party MP Raghav Chadha who said that just like the appointments of the CBI and ED directors, an attempt was being made to usurp judicial appointments as well.

"The concept of National Judicial Appointments Commission has come under the review of the Supreme Court thrice. First time, in 1993, second in 1998 and third time in 2016. On all three occasions, the Supreme Court gave primacy to independence of judiciary, placing it at a pedestal where the idea of National Judicial Appointments Commission was dismissed," said Chadha.

Chadha further said that appointment of judges through the collegium system has been doing well. "There may be some scope of improvement in it, which improvements may be done after discussion and consultation with the judiciary. However, we must not give the Central government any handle through which it enters into judicial accountability or appointment of judges," he said.