Govt to have more say in judges selection

• Union Cabinet clears Judicial Appointments Bill
• The Bill will replace the present collegium system
• New panel to have CJI, two SC judges, Law Minister, two eminent persons
• At present, CJI, four senior-most SC judges recommend names to government
• The govt can return file only once, can’t reject it

New Delhi, Aug 22 (Agencies) The cabinet Thursday gave its nod to the Judicial Appointments Commission (JAC) Bill, which seeks to replace the existing collegium system for judicial appointments to the Supreme Court and high courts, a source said. The commission is expected to give the government more say in the appointment of judges of the Supreme Court and the 24 high courts.

A proposal to set up JAC to replace the present collegium system could not be taken up by the Union Cabinet earlier this month as Sibal could not attend the meeting due to ill health. The government has the in-principle support of political parties to bring such a bill which will require amendment to the Constitution.

The JAC will give the Executive a say in appointment of Supreme Court and High Court judges. According to the proposal, JAC will be headed by the Chief Justice of India. It will have two Supreme Court judges, the Law Minister and two eminent personalities as its members.

The Secretary (Justice) in the Law Ministry will be the Member Secretary. The body will recommend appointment and posting of apex court and HC judges. The two eminent persons on JAC will be selected by a panel comprising the CJI, the Prime Minister and Leader of the Opposition of either House.

As of now, the judges of the apex court are appointed by a collegium comprising the CJI and four senior-most judges of the Supreme Court. The appointment of judges of the 24 High Courts is initiated by the Chief Justice of the concerned HC in consultation with two senior-most judges of that court. The Chief Minister and Governor of the State concerned are also consulted.

The recommendations are referred to the CJI, who in turn consults two senior judges in the SC who have experience in that HC. The recommendations of the collegium are then sent to the government for approval. The government can return the file only once, but cannot reject the recommendation.

Change to electoral act ‘cleared’

New Delhi (IANS): The union cabinet on Thursday approved amendments to the Representation of the People Act to negate a recent order by the apex court on immediate disqualification of convicted lawmakers and barring them from contesting if under arrest, sources said.

According to the sources, the amendment proposes that a lawmaker would not be disqualified if convicted but would lose his right to vote along with perks and privileges including salary.

The second amendment states that a lawmaker would not lose his right to vote if under arrest even for a short duration and thereby would retain his right to contest a poll. The Supreme Court had ruled that MPs or legislators will stand disqualified from the membership of the house from the date of conviction in a trial court for a period of over two years.

It had held Section 8(4) - which allows a convicted lawmaker to remain in office till the pendency of appeal - of the Representation of the People Act as ultra vires. This ruling could see several lawmakers in both parliament and state assemblies lose their seats.

Politicians had feared registration of false cases by their rivals specially on the eve of an election. At an all-party meeting held earlier, the parties had united in expressing their dissent over the Supreme Court's ruling.