Collegium system to stay

Highlights

The collegium system of appointment of judges, which the government wants to scrap, is likely to stay for the time being as Parliament could not pass a Constitutional amendment Bill in the Monsoon Session to put in place a new mechanism giving the Executive a say in the matter. While the Bill was passed in Rajya Sabha on Thursday, it could not be taken up in Lok Sabha which adjourned sine die on Saturday night.

New Delhi (PTI): The collegium system of appointment of judges, which the government wants to scrap, is likely to stay for the time being as Parliament could not pass a Constitutional amendment Bill in the Monsoon Session to put in place a new mechanism giving the Executive a say in the matter. While the Bill was passed in Rajya Sabha on Thursday, it could not be taken up in Lok Sabha which adjourned sine die on Saturday night.

After any Constitutional amendment bill gets Parliamentary nod, it is sent to all the states and 50 per cent of the state legislatures have to ratify it. The process could take up to eight months. After ratification, the government sends it to the President for his approval.
Law Minister Kapil Sibal had recently introduced in Rajya Sabha an enabling bill — the Constitution (120th) Amendment Bill — and the Judicial Appointments Commission Bill, 2013, which defines the establishment of the proposed body to appoint judges. The government and the Opposition were united in seeking to scrap the collegium system of appointing judges to higher courts, saying it was essential to restore the delicate balance of power which has been disturbed.
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