Judicial Bill in Rajya Sabha: Govt, Oppn unite to attack judiciary

Government and Opposition were on Thursday united in criticising the functioning of the judiciary.

Government and Opposition were on Thursday united in criticising the functioning of the judiciary and sought to scrap the collegium system of appointing judges to higher courts, saying it is essential to restore the delicate balance of power which has been disturbed.

As Rajya Sabha took up a bill to amend the Constitution to set up a Judicial Appointments Commission replacing the collegium system, Law Minister Kapil Sibal, Leader of Opposition Arun Jaitley and several other members were of the view that the present system of appointing judges to Supreme Court and High Courts lacked transparency and accountability.

Moving the Constitution (120th Amendment) Bill, 2013,Sibal said the Judiciary "rewrote Constitution" in 1993 when the collegium system of appointing judges to higher courts was adopted which disturbed the delicate balance between the Judiciary, the Legislature and the Executive.

"Sometimes moments come in the life a nation when you have to revisit the past and embrace the future. One such moment has come today," he said.

Sibal, a renowned lawyer, noted that it was in 1993 that the Supreme Court sought to change the procedure of appointment of judges in higher judiciary with an

interpretation of Article 124 (2) by bringing in a collegium system.

"With greatest respect to Supreme Court of India, I believe they rewrote Constitution," he said.

Underlining that appointment of judges has "nothing to do with judicial function", he said, "The acts of appointments are Executive acts. The judiciary has taken over executive power by rewriting Article 124 . That balance must be restored. Executive must have a say in appointment."

Sibal said, "It has disturbed the delicate balance of separation of powers. There is very clear division of powers among the Executive, Legislature and Judiciary in our Constitution. Judiciary cannot take over the function of the Executive."