Soon after the passage of the Bill, Rajya Sabha was adjourned sine die. Earlier today, the upper house of Parliament also cleared the constitution amendment bill to set up commission for the appointment of judges.
Now, the appointment and transfer of judges will be done through a six-member committee, headed by the Chief Justice of India. The committee also includes the next two senior judges, the Union Law Minister and two eminent persons. The eminent persons will be selected by a committee headed by the PM and includes the leader of Opposition.
Hence, the PM and the Law Minister will be directly involved in the transfer, promotion and appointment of judges throughout India.
To ensure the Congress’ support for the proposal, the government dropped the “unanimous” provision. The Congress had said it would not support the bill that creates the National Judicial Appointments Commission (NLAC) till one feature was dropped by the government. That feature said that if the President of India rejects a candidate sent for consideration by the committee, the six members of the committee have to unanimously decide to once again recommend the same judge.