Govt,
opposition set to clash over judge selection bill
NEW DELHI: A showdown between the
treasury and opposition benches is inevitable in the winter session of
Parliament over the Constitution amendment bill, having an enabling provision
for the Judicial Appointments Commission (JAC), since the
law ministry has taken a firm stand that it is not in favour of making any
changes as demanded by the opposition.
At a recent meeting of the parliamentary standing committee, the law ministry argued strongly for changing the present collegium system of judges-appointing-judges with the JAC but said there was no need to mention the make-up of the JAC in the main Constitution amendment bill and the two bills could be passed separately, sources said.
The government had divided the bill into two parts - the Constitution amendment bill with an enabling provision of JAC and the JAC bill which provided for its constitution and rules that would govern it.
The standing committee on law, which sought the views of the law ministry before concluding its recommendations whether the collegium system of appointing judges should be replaced with the JAC, is likely to submit its report to Parliament in the next few days.
The opposition had demanded that the government must mention in the main Constitution amendment bill that the JAC will be headed by the Chief Justice of India so that any future government, if it wanted to tinker with the JAC, would have to move a Constitution amendment that requires two-thirds MPs present and voting. It can't be done with a simple majority.
The Constitution amendment bill was passed in the Upper House during the monsoon session amid a walkout by BJP. It could not be taken up by Lok Sabha as the House was adjourned sine die.
A senior law ministry official, however, said the government was working with the opposition parties to ensure smooth passage of the bill.
The BJP has also demanded that the government must refer the two bills to the parliamentary standing committee where representatives of all major parties would get an opportunity to express their views. But the law ministry, instead, referred only the JAC bill and not the contentious Constitution amendment bill.
Once the standing committee report is tabled, the government will move the two bills once again in Lok Sabha, and once passed by the lower House it will be moved in the Rajya Sabha again with fresh changes if incorporated.
At a recent meeting of the parliamentary standing committee, the law ministry argued strongly for changing the present collegium system of judges-appointing-judges with the JAC but said there was no need to mention the make-up of the JAC in the main Constitution amendment bill and the two bills could be passed separately, sources said.
The government had divided the bill into two parts - the Constitution amendment bill with an enabling provision of JAC and the JAC bill which provided for its constitution and rules that would govern it.
The standing committee on law, which sought the views of the law ministry before concluding its recommendations whether the collegium system of appointing judges should be replaced with the JAC, is likely to submit its report to Parliament in the next few days.
The opposition had demanded that the government must mention in the main Constitution amendment bill that the JAC will be headed by the Chief Justice of India so that any future government, if it wanted to tinker with the JAC, would have to move a Constitution amendment that requires two-thirds MPs present and voting. It can't be done with a simple majority.
The Constitution amendment bill was passed in the Upper House during the monsoon session amid a walkout by BJP. It could not be taken up by Lok Sabha as the House was adjourned sine die.
A senior law ministry official, however, said the government was working with the opposition parties to ensure smooth passage of the bill.
The BJP has also demanded that the government must refer the two bills to the parliamentary standing committee where representatives of all major parties would get an opportunity to express their views. But the law ministry, instead, referred only the JAC bill and not the contentious Constitution amendment bill.
Once the standing committee report is tabled, the government will move the two bills once again in Lok Sabha, and once passed by the lower House it will be moved in the Rajya Sabha again with fresh changes if incorporated.
MD NAUSHAD ALAM
PGDM 1 SEM
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