Law minister Ravi Shankar Prasad told Lok Sabha on Tuesday that the government is considering reworking the process of appointment of judges. "The concern raised by AIADMK members was well appreciated and there is an imperative need to improve the system of judges' appointment," he said, adding that the government is "quite keen" to appoint a Judicial Appointments Commission (JAC).
Proceedings were disrupted in both Houses by AIADMK members on Tuesday on the issue as the Tamil Nadu party demanded that the name of the DMK minister, who was part of the UPA government and had put pressure on the PM for the appointment of the controversial judge at that time, be revealed.
AIADMK members quoted Tuesday's edition of TOI to bring up the issue for the second day running and disrupted the House saying they were not satisfied by the response of the law minister. Prasad admitted that a Supreme Court collegium during the UPA rule had recommended extension of a judge in Tamil Nadu who was under corruption cloud. "Name the DMK Minister at the Centre," shouted agitated AIADMK members who stormed into the well of Lok Sabha, forcing two adjournments.
Prasad said in 2003, the collegium had "certain reservations" and had made some enquiries and decided that the case of this judge should not be taken up. But later during the UPA rule, a clarification was sought by the Prime Minister's Office (PMO) as to why he should not be recommended, the minister said in the Lok Sabha.
The collegium again said he should not have been recommended at all, he said. Later, the Department of Justice in the Law Ministry wrote a note to the collegium following which it said that his case can be considered for some extension, Prasad said, adding the matter stood there thereafter.
"...on July 16, 2005 to be precise, again a note went from the then Department of Justice with the approval of the then Law Minister indicating about certain sensitivity. Thereafter, a call was taken by the collegium that his case can be considered for some extension and he was made permanent," he said.
The Law Minister said the judge has since retired and was no more now. The judges of the collegium have also retired.
AIADMK and DMK members clashed in the Rajya Sabha, disrupting proceedings for a brief period. The law minister said there is imperative need to improve the system of judges' appointment.
Top law ministry sources confirmed that the process of JAC has been in the works for long and "an all-party meeting will be called shortly as wider consultations are needed" on the restructuring the process of appointment of judges. The ministry will also begin the process of consulting top jurists and other stakeholders to finalise changes in the existing bill.
Speaking in favour of "restructuring" the collegium system and replacing it with the JAC, Congress spokesperson and eminent lawyer Abhishek Singhvi said: "Even the JAC is collegium of a kind. It is supposed to be a broad-based one for objectivity and transparency."
The existing JAC Bill has been passed by Rajya Sabha, but BJP, then in the opposition, delayed its introduction in the previous Lok Sabha. Now the NDA government is considering certain amendments in the bill before it takes it up in Lok Sabha.
The BJP government favours making the composition of the JAC as part of the Constitutional amendment bill. As of now, the composition of JAC may be altered by a simple majority in Parliament. For constitutional amendment, it would require two-thirds of MPs voting in favour in both Houses.
Sources said the government is also considering changing a clause in the constitution of a high-level panel consisting of the prime minister, the chief justice of India (CJI) and the leader of Opposition in Lok Sabha for the purpose of selection of two eminent citizens as members of the JAC.
The provision for inclusion of LoP in LS in the panel could be replaced with a clause for leader of the largest party on the lines of the Central Vigilance Commission Act.
The consultation process with jurists may be initiated soon, but the bill may not be ready for tabling in the present session, a senior law ministry official said.
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