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Like Executive Revenge: The law minister seeks to do away with the collegium system of
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DAMAYANTI DATTA SEPTEMBER 20, 2013 | UPDATED 13:02 IST
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Quietly, while food security and land acquisition monopolised eyeballs and mindspace of the nation, two
0 intertwined bills moved to the floor of Parliament on September 5. Dense with legalese and long rambling
sentences, they went over the heads of the aam aadmi. But for those who sense a stake in the future, the two
bills stood on the edge of history.

The Constitution (One Hundred And Twentieth Amendment) Bill, 2013, and the Judicial Appointments
Commission Bill, 2013, proposed to create new rules for appointing higher judges. "To have best judges for
a better future," said Union Law Minister Kapil Sibal in Rajya Sabha on September 5. What he did not say
was, if implemented, the bills would give the government unbridled power over the judiciary. "Both the bills
are evil and will disturb the basic feature of the Constitution," protested eminent jurist Ram Jethmalani,
the lone dissenting MP. That unleashed a flurry of invective against the judiciary from all sides-some
informed, some angry and some just plain emotional. Today's Headlines Most Read

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How did the judiciary react? "As the CJI, I am not going into the contents of the Bill and how it was passed." in newspapers, says he is innocent
On September 14, when Chief Justice of India P. Sathasivam refrained from public criticism of Parliament
at a Bar Association seminar in Delhi, he actually said more than he intended. As Bar members raised Tamil Nadu college principal hacked to
death by students in Tuticorin
questions on the way bills were rushed through, without ever engaging the legal fraternity, the CJI offered a
cryptic warning: "There is little hope for Rule of Law." Libyan PM Ali Zeidan kidnapped by armed
men in Tripoli

"Call it channelling of irritation and anger of the political class at an activist court, especially since the 2G Manish Tewari blames ex-CAG Vinod Rai for
case," says political psychologist Ashis Nandy. The acrimonious stand-off between CJI Sathasivam and his economic downturn
immediate predecessor Altamas Kabir in July also did no good to the image of the judiciary, he adds. There
have also been significant clashes between the Supreme Court and the government in the recent past over
judicial appointments- or the collegium system.

The collegium system evolved slowly, in the wake of political and judicial milestones like the Emergency of
1975-when judges were browbeaten into submission by the executive. Its current form-where five top
judges of the Supreme Court, headed by the CJI, select judges to higher courts-came out of a landmark
nine-judge Supreme Court verdict of 1993. The government has the option of returning the collegium's
recommendation once, but beyond that it is bound to accept the collegium's diktat.

The Buck Stops Here

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The bills target this system: First, by seeking to replace the collegium with a Judicial Appointments Priyanka Chopra will
write lyrics of her next
Commission (JAC) and, second, by allowing the executive a role to play in judicial appointments. But they
single to give it a more

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Executive Revenge: The law minister seeks to do away with the collegium system... http://indiatoday.intoday.in/story/appointing-judges-judiciary-system-legal-fratern...

may also lead to the dilution of some of the safeguards in the current system. For instance, currently, personal touch.
Article 124(2) of the Constitution allows for a process of "consultation" between the president, the CJI and
other top judges in the appointment process. But now, "consultation" with judges will be replaced by
Big B's 'bigg'
"recommendation" of the JAC. A new Article 124A states that Parliament may, by law, determine the surprise for
composition of the JAC, apart from the appointment, qualification, terms of service, functions and manner Salman!
of selection of judges. Amitabh Bachchan met
Salman Khan who was
shooting in the same
Another crucial safety shield has been removed in the process: The current system ensures that any change studio.
in selection procedure would need an amendment to the Constitution. But the composition and functions of
the JAC will be determined, by law, by Parliament. "That means that Parliament with a simple majority WIFW: Fashion
can change the composition and function of the JAC or even drop members," says legal scholar N.R. statement of Day
1
Madhava Menon. The composition of the JAC will have a heavy tilt towards the executive: Apart from the Fashion designer
chief justice of India, two senior-most judges from top court and Union law minister, there will be two Manish Arora picks an
"eminent persons" nominated by a collegium consisting of the prime minister, CJI and leader of Opposition outfit which displays
array of colours.
in Lok Sabha. "How is it an improvement on the current collegium system," asks Jethmalani. More
alarming is the detail that the composition of JAC is not specified in the Constitution but in a proposed act
Ranveer Singh is
of Parliament. "That leaves scope for altering the structure and purpose of the JAC at a later date," he says. riding high on
love!
At stake is the basic structure of the Indian Constitution: Article 50, which mandates that the judiciary He told a leading daily
that he is feeling very
must be kept separate from the executive. "Every country has to work out its constitutional salvation taking strongly about a
into account its peculiar problems and specific needs," says former attorney general Soli Sorabjee. As the particular girl.
biggest litigator, the government cannot have any control over the appointment of judges. And the courts
must deal with every litigant, including the government, on the merits of their case. It was in the Kareena is sexy
Kesavananda Bharati vs. State of Kerala case of 1973 that the "basic structure" of the Constitution yet graceful:
Imran Khan
emerged. Despite an intense floor fight, the fate of the bills hangs in limbo. The bill amending the "Her moves are
Constitution was passed in Rajya Sabha but got stalled in Lok Sabha. The second bill was referred to a deadly. She has struck
parliamentary committee. the perfect balance in
this song," he said.

But all eyes are now on the Supreme Court: Will the bills pass the glare of judicial scrutiny? Standing on the
Shahid Kapoor
cusp of a judicial whirlwind, the CJI may go down in history as one who allowed judicial autonomy to be walks out of Milan
trampled. Or he may be remembered as one who resisted executive overreach. Whichever way things turn, Talkies?
it will be history in the making. So far, the hunt for a
female lead for the film
Do you like this story? 0 0 too has reportedly
been unsuccessful.

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