Judicial Appointments Commission (JAC) BILL,2013

TERMS USED IN THE ARTICLE

⇒ SC: Supreme Court of India

⇒ HC: High Court of India

⇒ CJI: Chief Justice of India

⇒ CJ: Chief Justice of a High Court                    

                                   

PROBLEMS OF JAC

⇒ There will be no more independent judiciary

⇒ Will endanger Rule of Law.

⇒ JAC will only work properly if the above mentioned problems are taken care off.

⇒ The bill was never introduced to the Bar for robust debate.

⇒ The bill is being cleared in hurry & without consultation click here for more information about Judicial Appointments Commission .

⇒ JAC can be amended by a simple majority & hence other member can also be the head of the JAC instead of CJI.

JAC’S DEFECTS

⇒ Doesn’t specify the qualities necessary to be a judge of the higher courts in India

⇒ Also not clear about two important areas of its work: the conduct of meetings, quorum and decision rules and the process of inviting applications, short-listing of candidates, interviews. Both processes should be transparent, open to the public and geared to achieve the goals of the appointment process.

SC ON RULE OF LAW

⇒ It is the Basic feature of the constitution.

⇒ It is an integral part of the constitutional structure.

⇒ Independence of judiciary is an essential attribute of the Rule of Law.

⇒ Judiciary can’t be separated from the appointment & shouldn’t be done by executive as it amounts to politicizing the issue.

⇒ Doctrine of Separation, cannot be used to the level of making judicial appointment only at the will of executive.