Parliament has power to govern judicial appointment process: Law Minister

First statement from Law Minister on judicial appointment after the Supreme Court struck down the NJAC Act on October 16

Over a month after the Supreme Court struck down a law on appointment of judges to the higher judiciary, the government on Wednesday asserted in Lok Sabha that the Parliament has the “power” to “govern” the criteria and process for appointment of judges to the Apex Court and High Courts.

“The Parliament shall have the power, within parameters of the Constitution, to govern the criteria and process for appointment of judges to the Supreme Court and the High Courts,” Law Minister D.V. Sadananda Gowda said in a written reply.

This is the first time the Law Minister has spoken in Parliament on the SC verdict that struck down the National Judicial Appointments Commission (NJAC) Act, 2014,.

A group of MPs had asked the government whether it proposes to ‘review’ the NJAC Act after the SC struck down the law on October 16. They had also sought details of the proposed ‘follow up’ action.

Mr. Gowda said that after the order, the collegium system of appointment of judges has been again declared as operational. As the SC considers introduction of “appropriate measures” to improve the working of collegium system, the government has submitted its suggestions for the same,” Mr. Gowda said.

“The government has taken the stand that it reserves liberty to take such action as it may deem fit, and nothing in the suggestions made by the government or participation in the proceedings ought to be construed as the government being estopped from such action,” he said.

During a discussion on ‘commitment to the Constitution’ in the Rajya Sabha on November 27, Finance Minister Arun Jaitley had said that no position of law “can ever justify” a situation where the CJI appoints other judges and everyone else becomes irrelevant.

Noting that independence of judiciary is absolutely essential, the lawyer-turned-politician said the appointment of judges to high judiciary should be a consultative process.

“Today, the absolute contrary to what Dr. Ambedkar had envisaged is happening,” Jaitley said, adding, “today we have reached a position where the CJI will appoint and everyone else is irrelevant. No position of law can ever justify it,” he had said.

The collegium system made a return after a gap of six months after the SC verdict.

The National Judicial Appointments Commission Act and an accompanying Constitution Amendment Act were brought into force on April 13. It overturned the collegium system. But the two Acts were struck down on October 16 by a Constitution bench of the Apex Court.

 Source: http://www.thehindu.com/news/national/parliament-has-power-to-govern-judicial-appointment-process-law-minister/article7945325.ece