Why in News?

• The National Judicial Commission Bill, 2022 was recently introduced after the majority of voice votes were in its favour.

Highlights

• The bill aims to regulate the procedure to be followed by the National Judicial Commission for recommending people for appointment as the Chief Justice of India and other judges of the Supreme Court and Chief Justices and other judges of High Courts.
• It also aims to regulate their transfers and to lay down judicial standards and provide for accountability of judges, and establish credible and expedient mechanism for investigating into individual complaints for misbehaviour or incapacity of a judge of the apex court or of a high court and to regulate the procedure for such investigation.
• It also proposes for the presentation of an address by parliament to the president in relation to proceeding for removal of a judge and for matters connected therewith or incidental thereto.
• In August 2014, Parliament passed the Constitution (99th Amendment) Act, 2014 along with the NJAC Act, 2014, providing for the creation of an independent commission to appoint judges to the Supreme Court and high courts to replace the collegium system.
• In 2015, the Supreme Court declared both the 99th Constitutional Amendment, 2014 and the NJAC Act, 2014 as unconstitutional and null and void
• The real issue is not who (judiciary or executive) appoints the judges, but the manner in which they are appointed.
• For that, whatever may be the composition of the Judicial Appointment Commission (JAC), it is important to strike a balance between judicial independence and judicial accountability.
• The Executive should have a say in appointments but the composition of the JAC should be such that it does not result in compromising judicial independence.
• Care must be taken to ensure that the institutional imperative of the court for dispensing justice is maintained inside the judiciary with equality of opportunity and fixed criteria for selection of judges.