Cabinet clears constitutional status for Judicial Appointments Commission

• The Union Cabinet has given its nod for conferring constitutional status on the proposed Judicial Appointments Commission (JAC) for appointment and transfer of judges to the higher judiciary.
• The government earlier accepted the report of the Parliamentary Standing Committee on Law and Justice, which recommended that the structure and functions of the JAC to replace the present collegium system be governed by a constitutional provision.

Provisions in the Constitution (120th Amendment) Bill, 2013:

• The Constitution (120th Amendment) Bill, 2013, provides for the setting up of a Judicial Appointments Commission by inserting Article 124 (A) in the Constitution and amending Articles 124(2), 217(1) and 222(1).
• According to the proposal approved by the Cabinet, while new Article 124 A of the Constitution will define the composition of the JAC, Article 124 B will define its functions.
• The JAC Bill seeks to set up a six-member body under the chairmanship of the Chief Justice of India for recommending names to the President of individuals with outstanding legal acumen and impeccable integrity and credibility for judgeship in the Supreme Court and the High Courts.
• It would also recommend transfer of judges of one High Court to another.
• The structure and functions of the proposed commission are provided in the JAC Bill.

Present issues & Recommendations of the Parliamentary Panel:

• According to the parliamentary panel, the present process adopted by the collegium of judges is plagued with its own problem of opacity and non-accountability, besides excluding the Executive entirely in the collaborative and consultative exercise for appointment of judges.
• Because of inherent deficiencies in the collegium, as many as 275 judge posts in various High Courts are lying vacant. This has a direct bearing on the justice delivery system and thereby affecting the judiciary.
• The committee had recommended that, there should be three eminent persons in the commission, instead of two as provided for in the present Bill, and at least one out of them should be an SC/ST/OBC/woman/minority, preferably by rotation.
• Considering the responsibility of the JAC to select 800-odd judges to 24 High Courts, and also the fact that constitutional and other functionaries are involved at the State-level in the process of appointment, it suggested State-level commissions also.