Lok Sabha Question No. 206 (STARRED), answered on 2018-12-26
Subject: National Judical Commission
Ministry: LAW AND JUSTICE
Asked by: ASHOK MAHADEORAO NETE

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA STARRED QUESTION NO. 206

## TO BE ANSWERED ON WEDNESDAY, THE 26.12.2018

## National Judicial Commission

†*206. SHRI ASHOK MAHADEORAO NETE:

Will the Minister of LAW AND JUSTICE be pleased to state:

- a) whether  the  Government  proposes  to  constitute  a  National  Judicial Commission and provide representation to the persons belonging to the Scheduled Castes and Scheduled Tribes therein;
- b) if so, the details thereof and if not, the reasons therefor;
- c)  the details of the requests received by the Government in this regard from the peoples representatives and other organizations so far; and
- d) the  action  taken/proposed  to  be  taken  by  the  Government  in  this regard?

## ANSWER

## MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

- (a) to (d): A Statement is laid on the Table of the House.

Statement referred to in reply to Parts (a) to (d) of Lok Sabha Starred Question No. 206 due for answer on 26.12.2018 regarding 'National Judicial Commission'

(a) to (d): There is no proposal to constitute National Judicial Commission. In order to replace the Collegium System of appointments of Judges in Higher Judiciary and to make it more broad based, transparent, accountable  and  objective,  the  Government  enacted  the  Constitution (Ninety  ninth  Amendment)  Act,  2014  and  National  Judicial  Appointments Commission Act, 2014 w.e.f. 13.04.2015.

It was proposed that the National Judicial Appointments Commission, inter-alia would  consist of two eminent  persons  to be nominated  by  the  Committee  consisting  of  the  Prime  Minister,  the  Chief Justice of India and the leader of Opposition in the House of the People or where  there  is  no  such  Leader  of  Opposition,  then,  the  Leader  of  single largest Opposition Party in the House of the People.

With a view to ensure the inclusiveness of composition of the National Judicial Appointments Commission, it was provided that one of the eminent persons would be nominated from amongst the persons belonging to the Scheduled Castes, the Scheduled  Tribes, Other Backward  Classes, Minorities and Women.

The  constitutional  validity  of  both  the  Acts  was  challenged  in  the Supreme  Court.    The  Supreme  Court  vide  judgment  dated  16.10.2015 declared both the Acts as unconstitutional and void. The Collegium system as  existing  prior  to  the  enforcement  of  the  Constitution  (Ninety-Ninth

Amendment) Act, 2014 was declared to be operative.  Hence the National Judicial Appointments Commission could not be set up.

Appointment  of  Judges  of  the  Supreme  Court  and  High  Courts  is made under Articles 124 and 217 of the Constitution of India respectively. These  Articles  do  not  provide  for  reservation  for  any  caste  or  class  of persons. The Government has, however been requesting the Chief Justices of the High Courts that while sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in the Benches of the High Courts.

So far as Subordinate Judiciary is concerned, under Article 235 of the Constitution of India, the administrative control over the members of district and subordinate judiciary in the States vest with the concerned High Court. Further in exercise of powers conferred under proviso to Article 309 read with Articles 233  and  234  of  the Constitution, the respective State Government,  in  consultation  with  the  High  Court,  frames  the  Rules  and Regulations regarding the issues of appointment, promotion, reservations etc.  of  Judicial  Officers  in  the  State  Judicial  Service.  Therefore,  Central Government has no role in this regard.

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