Lok Sabha Question No. 910 (UNSTARRED), answered on 2015-12-03
Subject: National Judicial Appointment Commission Act, 2014
Ministry: LAW AND JUSTICE
Asked by: RAJESH RANJAN  (PAPPU  YADAV), N.K. PREMACHANDRAN, ARJUN RAM  MEGHWAL, VINCENT H PALA, M. UDHAYAKUMAR, SUNIL KUMAR SINGH, SATISH KUMAR GAUTAM, C. MAHENDRAN, ANTO  ANTONY, M. I. SHANAVAS

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. †910

## TO BE ANSWERED ON THURSDAY, THE 03.12.2015 National Judicial Appointment Commission Act, 2014

## †910. SHRI RAJESH RANJAN:

SHRI N.K. PREMACHANDRAN:

SHRI ARJUN MEGHWAL:

SHRI VINCENT H. PALA:

ADV. M. UDHAYAKUMAR:

SHRI SUNIL KUMAR SINGH:

SHRI SATISH KUMAR GAUTAM:

SHRI C. MAHENDRAN:

SHRI ANTO ANTONY:

SHRI M.I. SHANAVAS:

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

- (a) whether the Government  proposes  to review the National Judicial  Appointment Commission Act, 2014 (NJAC) following the recent judgement of the Supreme Court thereby striking down the same;
- (b) if so, the details thereof along with the follow up action taken/proposed to be taken by the Government following the said judgement;
- (c)  whether  the  erstwhile  Collegium  System  is  being  revived/reviewed  in  order  to  make  it more transparent and accountable;
- (d) if so, the details and the present status thereof; and
- (e) the present status of the proposal formulated in 2012 for creation of an All India Judicial Service (AIJS) and the steps taken/being taken by the Government in this regard?

## ANSWER

## MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA)

(a) to  (d)  :    The  Supreme  Court  vide  its  Order  dated  16.10.2015  has  inter-alia  declared  the Constitution  (Ninety-ninth  Amendment)  Act,  2014  and  the  National  Judicial  Appointments Commission Act, 2014 as unconstitutional and void.  The  system of appointment of Judges  to the Supreme Court, and Chief Justices and Judges to the High Court; and transfer of Chief Justices and

Judges  of  High  Courts  from  one  High  Court,  to  another,  as  existing  prior  to  the  Constitution (Ninety-ninth  Amendment)  Act,  2014  called  the  'collegium  system',  has  been  declared  to  be operative.  Supreme  Court  has  simultaneously  decided  to  consider  introduction  of  appropriate measures, if any, for an improved working of the 'Collegium System'.

The  Government of India submitted its suggestions to the Supreme Court for improving the  'Collegium  System'  subject  to  its  reservation  about  the correctness of the Judgment. The Government has taken the stand that it reserves its liberty to take such action as it may decide fit  and  nothing  in  the  suggestions  made  by  the  Government  or  participation  in  the  proceedings ought to be construed as the Government being estopped from such action.  Further, the Parliament shall have the power within the parameters of the Constitution to govern the criteria and process for appointment of Judges to the Supreme Court and High Courts.

The  Supreme  Court  appointed  two  amicus  curiae  for  compiling  the  suggestions  received from  the  Advocates.  It  further  directed  that  suggestions  may  also  be  invited  from  the  Public  by stipulated deadline.

Accordingly,  Department  of  Justice  issued  a  Public  Notice  on  6.11.2015  in  all  major National/Regional Dailies inviting suggestions from the public. All the suggestions received by the Department were forwarded to the two amicus curiae. The amici curiae in their report filed in the Supreme Court have stated that about 1450 suggestions were received within the deadline fixed by the Supreme Court.

(e)    :      A  comprehensive  proposal  was  formulated  for  the  constitution  of  an  All  India  Judicial service  (AIJS) and the same was approved by the Committee  of Secretaries in November, 2012. The  proposal  was  included  as  an  agenda  item  in  the  Conference  of  Chief  Ministers  and  Chief Justices  of  the  High  Courts  held  in  April,  2013.  It  was  decided  in  the  Conference  that  the  issue needs further deliberation and consideration.  The views of the State Governments and High Courts were sought on the proposal.

The views of the State Governments and High Courts received in this regard were included in  the  agenda  notes  for  the  Conference  of  Chief  Ministers  of  States  and  Chief  Justices  of  High Courts  held  on  5 th April,  2015.    No  consensus  was  reached  on  the  matter.  The  matter  regarding uniform procedure for appointment of District Judges and creation of Judicial Service Commission for  conducting  a  common written examination for recruitment to the post of District Judges was also included in the agenda of Chief Justices' Conference held on 3 rd and 4 th April, 2015.  As per the decision taken in the Chief Justices' Conference, it has been left open to respective High Courts to evolve appropriate methods within the existing system to fill up the vacancies of District Judges expeditiously.

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