Some political parties felt that consultations held under the aegis of the previous regime were not adequate and some of them have reservations about the composition of the panel as proposed earlier.
The Judicial Appointments Commission Bill, 2013 proposes replacing the apex court collegium with a six-member panel which will take a final view on the appointments of judges. The proposed panel will be headed by the Chief Justice of India and will have as members two SC judges, the law minister and two eminent citizens.
The bill also provides for selection of eminent citizens through another high-level committee comprising the Prime Minister, CJI and Leader of the Opposition in Lok Sabha. Secretary (Justice) in the Law Ministry will be the convener of JAC.
This proposal of the UPA government was opposed by some parties when the Bill was referred to the parliamentary standing committee on law. In its final report, the standing committee recommended that the JAC panel, headed by the CJI, should be a seven-member committee instead of six as proposed.
The Parliamentary panel had suggested having three eminent citizens instead of two. Sources said odd numbers would avoid a possible deadlock in case of a tie while taking a decision. The standing committee said one of the three eminent members should either be a woman or a member from the minority community or SC/ST by rotation.
The Bill was opposed in the Rajya Sabha by the BJP which wanted that the constitution of the JAC should be made part of the Constitution amendment bill which later also made it into the final recommendation of the standing committee report.
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