Govt silent on whether it will consider bringing again law on judges’ appointment

The government on Thursday maintained silence on whether it will consider bringing again the National Judicial Appointments Commission bill to overturn the present collegium system to appoint judges. Responding to a question on the government’s “view” relating to the National Judicial Appointments Committee (NJAC) and whether it would “again consider” bringing in the NJAC legislation, Law Minister Arjun Ram Meghwal gave a detailed response on what the now struck down law sought to do.

But he was silent on whether the government will consider bringing the NJAC bill.

In a written response in Rajya Sabha, he said to replace the Collegium system of appointments of judges of the Supreme Court and the high courts with a “more broad-based, transparent, accountable appointment mechanism” and to bring greater objectivity in the system, the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 were brought. These laws came into force on April 13, 2015.

However, both the laws were challenged in the Supreme Court which later declared them as unconstitutional and void.

The Collegium system as existing prior to the enforcement of the laws was declared to be operative.

The minister also shared details on how the government and the SC Collegium were in touch to update memorandum of procedures — a set of documents which guide the appointment, elevation and transfer of Supreme Court and high court judges. The NJAC came into focus again after half-burnt wads of cash were allegedly found from the official residence of a Delhi High Court judge here.