NJAC notification may be delayed as Government is trying to find ‘eminent persons’, and draft Rules

NJAC notification may be delayed as Government is trying to find ‘eminent persons’, and draft Rules

While the President of India gave his assent to the National Judicial Appointments Commission Bill last week, it seems that the notification regarding the Act could be some time away as the government seeks to appoint two eminent persons who are going to form part of the panel. In addition, the NJAC Rules also have to be put in place.

"Also, a place befitting the stature of the Commission from where it will function has to be finalised before moving ahead" said a senior government functionary, quoted the Economic Times.

The Constitutional amendment resulting in insertion of Article 124 A, due to which the present system of appointing judges through the collegium system came to an end, needs to be notified by the government to bring it into action.

The National Judicial Appointments Commission panel will consist of the Chief Justice of India as its head along with two senior judges from the Supreme Court. Two eminent persons along with Union Law Minister will also form part of the panel.  Secretary, Justice in the Law Ministry will be the convenor of the NJAC.

The President of India signed two bills last week, which brought an end to the collegium system, with only notification required from the side of government.

The National Judicial Appointments Commissionhas been given constitutional status and will govern the way appointments of judges are made in the High Courts and the Supreme Court.

Out of the two eminent persons on the panel, one has to be Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities or women.

Section 11 of the NJAC Act mandates for Rules whereas Section 12 has empowered the Commission to draft its own Regulations.

National Judicial Appointments Commission has seen a lot of action, both on the legislative and judicial fronts, our coverage of the same can be found here.