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January 1512

Judicial Appointments Commission

Setting up of Judicial Appointments Commission (JAC) is the landmark achievement of Modi ji. The Constitution empowers the President to appoint judges in higher judiciary in consultation with CJI and other judges of the Supreme court and High Courts. The existing collegium system ( not a creature of the Constitution) created through SC's judgements, is mired in controversies due to appointment of several "inappropriate" judges in higher judiciary. JAC is the remedy to overcome the deficiencies of Collegium system.Headed by

CJI with two senior-most judges of Supreme Court, Union Law Minister, two eminent persons nominated jointly by PM, CJI and LOP ( Lok Sabha) and another from SC/ST/OBC or woman category as members , the JAC will ensure collective participation of Judiciary, the Executive and legal luminaries besides infusing greater transparency, accountability and objectivity into selection process. The JAC Bill, passed by the Parliament in August 2014, is to be ratified by at least half the State legislatures before it gets the Constitutional status.As many as 15 States' legislatures have reportedly ratified the Bill. Formalities over, the Rajya Sabha will soon recommend the Bill to the President for enactment. Another point. Selections by JAC,will, no doubt, be largely insulated from subjectivity and extraneous influences, there is a lobby opposing its formation,terming the same as being "Unconstitutional.Though,the SC had rejected the PILs ( filed by the lobby )due to absence of concrete cause of action,there is every possibility of someone again approaching the highest court for seeking cancellation of Gazette notification or praying for a stay on its operation.This will have to be defended stoutly and legally by the Modi sarkar.

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Judicial Appointments CommissionProf Upendra Buxi : "Enacting National Judicial Appointments Commission',without consulting the Supr...Create All India Judicial Service (AIJS)Creation of NJAC headed by CJI is laudable .The collegium system was allegedly consider...All India Judicial Service (AIJS) will remain elusive The Constitution provides for creation of AIJS.The proposal has not fructified despite S...

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