Rajya Sabha

August 14, 2014

Sukhendu Sekhar Roy speaks on the National Judicial Appointments Commission Bill, 2014 | Transcript

If two members do not agree then what will be the consequences? There will be a log jam. Nothing has been said about that what will be the consequence and in the process the majority views will be scuttles

2ndly Sir, the Central Government has been a certain time limit to intimate the vacancy. But the National Judicial Commission has not been given any definite time within which you will have to recommendations.

So, I suggest that the National Judicial Commission make its recommendation within three months so whatever the Government deems fit and proper. This has been stated in clause 6 and sub clause 6.

In clause 6 and sub-clause 5 it is stated that the Commission may recommends for a part. I think the word “may” should be replaced by “shall”. Because it is the duty of the commission to recommend “may” includes “may not” so the Judicial Commission cannot withhold its recommendation for indefinite periods. I’m suggesting that there should be a time limit for the Judicial Commission within that period otherwise the appointments of judges are being held for years together. Numbers of vacancies are there in the different High Courts in the country and the vacancies are not being filled in.

That’s why in behalf of my party, I must congratulate to the Law Minister for the pain and troubles he has taken to bring out this bill and he has tried to give a broader consensus before drafting the bill.

As he said that he makes consultation with the eminent juries, different stake holders and with our standing committee there are certain recommendations and one recommendation is giving by me. One of my AIDMK friend submitted in the morning that there should be a State Appointment Commission although now it is futile to discuss because the bill has been passed. In future the Government should keep it in mind.