The Hindu : Bill on judicial commission likely

Online edition of India's National Newspaper
Sunday, Jun 23, 2002

National

National

Bill on judicial commission likely

By J. Venkatesan

NEW DELHI JUNE 22. The Centre has proposed to introduce a Bill in the coming monsoon session of Parliament to pave the way for establishing the much- awaited National Judicial Commission for making appointments in judiciary.

Highly-placed sources in the Government said the proposed Bill would be on the lines suggested by the National Commission to review the working of the Constitution.

The composition of the Commission which is to be consistent with the concept of independence of judiciary is likely to be: Chief Justice of India (CJI); four senior most Judges of the Apex Court; the Union Law Minister and two eminent persons to be nominated by the President of India in consultation with the Prime Minister and CJI.

It will be vested with powers not only to make the initial appointments to the higher judiciary but also take care of transfers, promotions and initiate disciplinary action, if any, against erring judges.

To arrive at a consensus for introducing the Bill, the Union Law Minister, Arun Jaitley, has written to political parties and individual leaders seeking their cooperation.

"He has suggested that the Bill be discussed during the all-party meeting on electoral reforms to be held on July 8.

The Minister in his letter sent on Friday has pointed out that the existing mechanism is the cause for enormous delays in making appointments to the higher judiciary and has resulted in mounting arrears of cases in the courts.

Also, regarding disciplinary action against erring judges, the in-house mechanism evolved by the apex court has failed to yield desired results.

Mr. Jaitley has recalled the efforts made by the United Front Government for the proposed judicial commission that introduced a Bill, but it lapsed after the fall of the Government.

He has impressed on them the need for a judicial commission to ensure that the independence of judiciary is further strengthened.

The proposed Bill would be more or less similar to the 67 Constitution Amendment Bill introduced in 1990 but subsequently lapsed.

Once the all-party meeting gives its nod for the setting up of a judicial commission, a Bill is expected to be introduced during the monsoon session of Parliament for its consideration and approval, say the sources.

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