13 August 2014

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Congress to Support BJP to pass a bill Judges to be appointed by elected Politicians

Congress to Support BJP to pass a bill Judges to be appointed by elected Politicians

Judges are currently appointed by a collegium of the Supreme Court's top five judges, headed by the Chief Justice of India.

The above method keeps the judiciary separate and does not allow elected politicians to dominate judiciary.

This is the reason we got the judgments like 2G Scam and other historical judgments.

At present, there are four vacancies in the Supreme Court and 257 in 24 states.

Politicians want to control Indian Judges also so they have decided to make an amendment in the Constitution of India.

The plan of the elected politicians is that –

Judges to be appointed by a committee of six members:

1-the Chief Justice of India

2-the Law Minister   [politician choice no.1 ]

3-two senior Supreme Court judges

4-two eminent personalities [politician choice no. 2]

One of whom must be a woman or a member of a Scheduled Caste or Tribe

Total Politician Choice = Number of 3 Judges in the first appointment

If two members of the committee veto a candidate, the person has to be dropped from consideration - a feature that some experts object to, alleging that it allows for bias.

The National Judicial Appointments Commission Bill [NJAC] bill aims at replacing the collegium system with an appointments commission and providing the power to the elected politicians

The bill also stipulates that the views of chief ministers and governors shall be taken in writing by the commission before names are recommended.

According to the new bill, the views of the chief minister and governor shall be taken by the commission.

Clause 6 (1) of the bill says: “The commission shall recommend for appointment a judge of a high court to be the chief justice of a high court on the basis of inter se seniority of high court judges and ability, merit and any other criteria of suitability as may be specified by regulations.”

Clause 7 says: “The commission shall elicit in writing the views of the governor and the chief minister of the state concerned before making such recommendation in such manner as may be specified by regulations.”

The bill sets a time limit for activating the process to fill vacancies.

Clause 4 (1) says: “The central government shall, within a period of 30 days from the date of coming into force of this act, intimate the vacancies existing in the posts of judges in the Supreme Court and in a high court to the commission for making its recommendations to fill up such vacancies.”

If you think about the long term effect you will understand that all the six persons who will choose the Judges will be controlled by the elected politicians, that means the judges will be promoted who will unofficially obey the orders of the elected politicians.

This will benefit all the future generations of political business houses

The current Parliament session is meant to end on Thursday, but the government is keen to extend it to allow for a discussion and vote on the new proposal for judges.

For Jan Lokpal Bill, Women Reservation Bill they do not have time.
What happened in the past everyone knows.

Today in India who is not corrupt do you know anyone who is not corrupt?

Corruption in judiciary is very less in India but once Politicians take the control of Judges
India will never get the historical judgments.

As per media reports Congress has decided to support the BJP to pass this bill which will help the elected politicians to take control of Indian Judiciary just like CBI and Police

Hope Congress Party and others decide not to support this bill in the interest of India and Indian citizens

Suggested Reading –

Importance Facts History about Collegium system SC judges appointment procedure

Reality views by sm –

Wednesday, August 13, 2014

Tags – Supreme Court Judges Collegium system


Sandhya August 13, 2014  

So, BJP is no better than congress. Politicians are politicians always!

Destination Infinity August 13, 2014  

If people apply their mind and elect the right candidates in the first place, I don't see why this should be an issue.

At the end of the day, people deserve what they get (through their elected representative).

Destination Infinity