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Polity & Governance
Mahesh

11/12/22 12:50 PM IST

National Judicial Commission Bill introduced in Rajya Sabha

In News
  • A private member bill to regulate the appointment of judges through the National Judicial Commission was recently introduced in Rajya Sabha by CPI(M)'s Bikash Ranjan Bhattacharyya.
Features of Bill
  • 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.
NJAC
  • In August 2014, Parliament passed the Constitution (99th Amendment) Act, 2014 along with the NJAC Act, 2014, providing for the creation of an independent commission to appoint judges to the Supreme Court and high courts to replace the collegium system.
  • In 2015, the Supreme Court declared both the 99th Constitutional Amendment, 2014 and the NJAC Act, 2014 as unconstitutional and null and void.
  • Composition of NJAC-
  • The Chief Justice of India as the ex officio Chairperson
  • Two senior-most Supreme Court Judges as ex officio members
  • The Union Minister of Law and Justice as ex officio member
  • Two eminent persons from civil society (to be nominated by a committee consisting of the Chief Justice of India, Prime Minister of India and the Leader of Opposition in the Lok Sabha; one of the eminent persons to be nominated from SC/ST/OBC/minorities or women)
Collegium System
  • The Supreme Court Collegium is a five-member body, which is headed by the incumbent Chief Justice of India (CJI) and comprises the four other senior most judges of the court at that time.
  • A High Court collegium is led by the incumbent Chief Justice and two other senior most judges of that court.
  • The government can also raise objections and seek clarifications regarding the collegium’s choices, but if the collegium reiterates the same names, the government is bound to appoint them as judges.
Source- The Print

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