REPORT NO. 64 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE SIXTY FOURTH REPORT The Judicial Appointments Commission Bill, 2013 (Presented to the Rajya Sabha on 9th December, 2013) (Laid on the Table of Lok Sabha on 9th December, 2013) Rajya Sabha Secretariat, New Delhi December, 2013/Agrahayana, 1935 (Saka) Website: http://rajyasabha.nic.in E-mail: [email protected] 117 Hindi version of this publication is also available CS (P & L) - 127 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE SIXTY FOURTH REPORT The Judicial Appointments Commission Bill, 2013 (Presented to the Rajya Sabha on 9th December, 2013) (Laid on the Table of Lok Sabha on 9th December, 2013) Rajya Sabha Secretariat, New Delhi December, 2013/Agrahayana, 1935 (Saka) CONTENTS PAGES 1. COMPOSITION OF THE COMMITTEE ......................................................................................... (i)-(ii) 2. INTRODUCTION ........................................................................................................................ (iii)-(iv) 3. ACRONYMS .............................................................................................................................. (v) 4. REPORT ................................................................................................................................... 1—9 A. Overview....................................................................................................................... 1—2 B. Need for Judicial Appointments Commission .......................................................... 2—4 C. Provisions of the Bill and suggestions received from Stakeholders .................... 4—7 D. Committee’s Recommendations/Observations .......................................................... 7—9 5. RECOMMENDATIONS/OBSERVATIONS OF THE COMMITTEE — AT A GLANCE ......................... 10—12 6. RELEVANT MINUTES OF THE MEETINGS OF THE COMMITTEE .............................................. 13—27 7. ANNEXURES ............................................................................................................................. 29—99 I. The Judicial Appointments Commission Bill, 2013................................................. 31—39 II. Comments of the Department of Justice on the view/suggestions contained in Memoranda submitted by individuals/organizations/experts on the Bill ............... 40—97 III. List of Individuals/organizations/experts and other Stakeholders who deposed before the Committee ................................................................................................. 98—99 IV. Opinion of Attorney General of India ...................................................................... 100—109 8. APPENDIX – List of Reports Presented by the Committee .............................................. 110—116 COMPOSITION OF THE COMMITTEE (Constituted on 31st August, 2013) 1. Shri Shantaram Naik — Chairman RAJYA SABHA 2. Ms. Anu Aga 3. Shri Ram Jethmalani 4. Shri Sanjiv Kumar 5. Shri Parimal Nathwani 6. Shri Ram Vilas Paswan 7. Shri Sukhendu Sekhar Roy 8. Shri Ramchandra Prasad Singh 9. Dr. Abhishek Manu Singhvi 10. Shri Bhupender Yadav LOK SABHA 11. Maulana Badruddin Ajmal 12. Shri T. R. Baalu 13. Shri E.T. Mohammed Basheer 14. Shri N.S.V. Chitthan 15. Shri P.C. Gaddigoudar 16. Shri D.B. Chandre Gowda 17. Shri Shailendra Kumar 18. Shri Jitender Singh Malik 19. Shri Arjun Meghwal 20. Shri Pinaki Misra 21. Shri Abhijit Mukherjee 22. Shri S.S. Ramasubbu 23. Shri S. Semmalai 24. Shri S.D. “Shariq” 25. Shrimati Meena Singh 26. Shri Vijay Bahadur Singh 27. Dr. Prabha Kishore Taviad 28. Shri Suresh Kashinath Taware 29. Shri Madhusudan Yadav 30. Vacant 31. Vacant (i) (ii) SECRETARIAT Shri Alok Kumar Chatterjee, Joint Secretary Shri K.P. Singh, Director Shri Ashok K. Sahoo, Joint Director Shrimati Niangkhannem Guite, Assistant Director Shrimati Catherine John L., Assistant Director INTRODUCTION I, the Chairman of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, having been authorised by the Committee on its behalf, do hereby present the Sixty-fourth Report of the Committee on the Judicial Appointments Commission Bill, 2013 (Annexure-I). The Bill seeks for establishment of the Judicial Appointments Commission for appointments of Judges and transfer of Judges in the higher Judiciary. 2. In pursuance of the Rules relating to the Department-related Parliamentary Standing Committees, Hon’ble Chairman, Rajya Sabha referred the Bill, as introduced in the Rajya Sabha on the 29th August, 2013 and pending therein, to this Committee on the 9th September, 2013 for examination and report within three months. 3. Keeping in view the importance of the Bill, the Committee issued a Press communiqué to solicit views/suggestions from desirous individuals/organisations on various provisions of the Bill. In response thereto the Committee received numerous submissions out of which 32 memoranda containing suggestions from various organizations/individuals/experts relevant to the issues dealt in the Judicial Appointments Commission Bill, 2013 were forwarded to the Department of Justice for their comments and placed before the Committee for its consideration (Annexure-II). 4. The Committee heard the presentation of the Secretary, Department of Justice, Ministry of Law and Justice on the provisions of the Bill in its meeting held on the 20th September, 2013. During its Study Visit to Chennai, Mumbai and Jaipur from the 3rd to the 10th October, 2013 the Committee interacted with the representatives of State Governments, High Courts Bar Associations, Retired Judges, NGOs and other stakeholders on the Bill. The Committee also heard the views of Attorney General of India and Secretary, Department of Legal Affairs, Ministry of Law and Justice on the 22nd October, 2013. 4.1 In its sittings held on the 13th and the 20th November, 2013, the Committee recorded oral evidence of legal luminaries such as Shri Fali S. Nariman, Ex. M.P., Rajya Sabha and Senior Advocate (Supreme Court), Shri Ashok H. Desai, Former Attorney-General of India, Shri P.P. Rao, Senior Advocate (Supreme Court), the Bar Council of India, various experts in the legal fraternity and other stakeholders on the subject matter of the Bill. List of individuals/organizations who deposed before the Committee are appended as Annexure-III. 5. While considering the Bill, the Committee took note of the following documents/information placed before it :– (i) Background note on the Bill submitted by the Department of Justice, Ministry of Law and Justice; (ii) Supreme Court judgment in first judges, Second judges and Third Judges cases; (iii) Views/suggestions contained in the memoranda received from various organisations/ institutions/individuals/experts on the provisions of the Bill and the comments of the Department of Justice, Ministry of Law and Justice thereon; (iv) Views expressed during the oral evidence tendered before the Committee by the stakeholders such as Legal luminaries and Bar Councils/Associations; (v) Replies of Stakeholders to the questionnaire of the Committee on the Bill; (iii) (iv) (vi) Replies of the Department of Justice as well as stakeholders to the questionnaire of the Committee on the Bill; and (vii) Other research material/documents related to the Bill. 6. The Committee adopted the Report in its meeting held on the 27th November, 2013. 7. For the facility of reference and convenience, the observations and recommendations of the Committee have been printed in bold letters in the body of the Report. SHANTARAM NAIK NEW DELHI; Chairman, 27th November, 2013 Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice ACRONYMS AIJA : All India Judicial Service ARC : Administrative Reforms Commission JAC : Judicial Appointments Commission SC : Supreme Court (v) 1 REPORT The Judicial Appointments Commission Bill, 2013 seeks to set up a six member body under the Chairmanship of Chief Justice of India for the purpose of recommending names of individuals having outstanding legal acumen and impeccable integrity and credibility to the post of Judges of Supreme Court and the High Courts, to the President of India. It also recommends transfer of judges of one High Court to another to the President of India. 2. The appointment of judges to the Supreme Court and the High Courts, as per the provisions of the Constitution as it existed when Constitution was adopted, was made by the President of India in accordance with the provisions of Articles 124(2) and 217(1) of Constitution of India, respectively. Transfer of Judges from one High Court to another is done by the President of India in accordance with provision of Article 222(1) of the Constitution of India. A. Overview 3. The appointment of Judges of the Supreme Court and High Courts and transfer of judges from one High Court to another is primarily an act of the Executive as the President acts in accordance with the advice tendered by the Council of Ministers under Article 74(1) of Constitution of India. But constitutional obligation is cast upon the President of India under Articles 124(2), 217(1) and 222(1) to consult the Chief Justice of India/Chief Justice of High Court concerned for appointment and transfer of judges of higher judiciary. It is evident from the constitutional provisions that the appointment/transfer