NEW DELHI, Dec 9: Amidst growing row between the government and the Supreme Court over the judicial appointments, the union law minister Kiren Rijiju told the Parliament on Thursday that the government currently had no plan to reintroduce the National Judicial Appointments Commission (NJAC) which was struck down by the Supreme Court in 2015.
Responding to a question by Leader of the Opposition Mallikarjun Kharge and CPI(M) MP John Brittas, Rijiju in a written response said, “at present, there is no such proposal.” Kharge and Brittas had asked if the government proposed to reintroduce NJAC with suitable modifications. The Centre’s response comes at a time when it is at loggerheads with the judiciary over the process of appointment of judges.
The row between the government and the judiciary had taken a serious turn after the vice-president Jagdeep Dhankhar issued a call to the Parliamentarians earlier this week to actively address the problem and consider reviving the NJAC in which the government has a say in the judicial appointments. The Supreme Court, however, strongly reacted to Dhankhar’s stand and expressed its disappointment over the government delaying clearing the appointments in accordance to the recommendations of the Collegium.
Meanwhile, a private member bill to regulate the appointment of judges through the National Judicial Commission was on Friday introduced in Rajya Sabha by CPI(M)’s Bikash Ranjan Bhattacharyya but was opposed by AAP MP Raghav Chadha. The National Judicial Commission Bill, 2022 was introduced after the majority of voice votes were in its favour.
Bhattacharyya moved the bill that aims to regulate the procedure to be followed by the National Judicial Commission for recommending people for appointment as the Chief Justice of India and other judges of the Supreme Court and Chief Justices and other judges of High Courts.
The bill, if approved, will also regulate their transfers and to lay down judicial standards and provide for accountability of judges, and establish credible and expedient mechanism for investigating into individual complaints for misbehaviour or incapacity of a judge of the apex court or of a high court and to regulate the procedure for such investigation.
It also proposes for the presentation of an address by parliament to the president in relation to proceeding for removal of a judge and for matters connected therewith or incidental thereto.
(Manas Dasgupta)
