New Delhi: In a big win for the Narendra Modi government, the Rajya Sabha on Thursday passed the Judicial Appointments Bill and the 121st Constitution Amendment Bill, paving the way for ending the collegium system of appointment of judges. With all the political parties supporting the Bills, despite strong opposition from the judiciary, both houses of Parliament have now cleared the two Bills.
The Bills will make way for the setting up of a National Judicial Appointments Commission which will appoint and transfer judges to the Supreme Court and the 24 High Courts. The Constitution amendment bill will grant constitutional status to the NJAC.
However, eminent jurist Fali Nariman slammed the legislation saying that it hits at the root of judicial independence and may be struck down by the Supreme Court. Approval of the 245-member Upper House to the measure is significant as the ruling NDA is in a minority there.
The two measures were taken up separately after questions were raised by members over the legislative competence of the House over the matter, amid apprehension that the amendment could be struck down by the judiciary as ‘ultra vires’. A determined government asserted that Parliament is supreme and competent to enact laws and that it has no intention of transgressing on the independence of the judiciary through the new law.
Speaking on the issue, Law Minister Ravi Shankar Prasad said, "Why is Parliament wary of using its powers? Parliament must have full trust in the ability of Parliament to pass the law.”
