Polity

Cabinet clears constitutional status for Judicial Appointments Commission

• The Union Cabinet on 26 Dec,2013, gave its nod for conferring constitutional status on the proposed Judicial Appointments Commission  for appointment and transfer of judges to the higher judiciary.

• The Judicial Appointments Commission once created,will replace the collegium system of appointments to High court and Supreme court.

• Article 124 (2) of the constitution will be amended to suggest that the president shall appoint judges on the ''recommendation'' of the JAC.

• The constitution(120th Amendment) bill.2013 introduced by the UPA in parliament suggests the JAC's composition will be determined by ordinary law.

• This law-the Judicial Appointments Commission bill,2013-suggests that the JAC will consists of three supreme court judges,the Union Law Minister.the Law Secretary as its convenor,and two''eminent persons''appointed by a body comprising the Prime Minister.Leader of the opposition and the Chief Justice of India.

• As per the Union Cabinet's decision,however the composition as well as functions of the JAC will be incorporated into the constitution.

• This will ensure the JAC'c terms cannot be modified but through a constitutional amendment requiring 2/3rd majority in parliament,as opposed to an ordinary law which requires a simple majority.

• New Article 124 A of the constitution will define the Composition of the JAC.

• Article 124 B will define its functions.

• 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 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).