Overcoming resistance from the judiciary, the government on Thursday took a significant decision to scrap the collegium system of appointing judges to the Supreme Court and high courts.
The Cabinet approved the bill which entails replacing the collegium system with a Judicial Appointments Commission wherein it will have a say in appointment of judges of the Supreme Court and the 24 high courts.
Under the proposal, the government seeks to set up a panel headed by the Chief Justice of India (CJI) to appoint and transfer senior judges.
The other members of the proposed Commission would be two judges of the Supreme Court, the Law Minister, two eminent persons as members and Secretary (Justice) in the Law Ministry as Member Secretary.
The Law Ministry has been pushing the proposal, which will require a Constitutional amendment, but some sections in the government as well as judiciary had reservations over its certain provisions.
An earlier proposal circulated in April had incorporated the view that the Leader of the Opposition should be made a member of the JAC.
According to the fresh note, the Leader of the Opposition will not be part of the proposed body.
However, the Leader of the Opposition of either House of Parliament will be part of a committee to be set up to nominate two eminent persons to the JAC.
The committee will also have the CJI and the Prime Minister as other members.
A constitutional amendment bill will be moved in Parliament next week, sources said.
The move to set up JAC would entail amendments to Articles 124, 217, 222 and 231 of the Constitution and insertion of Article 124 A.
The views of the governors, chief ministers and respective chief justices of the 24 high courts will be elicited in writing for appointment of judges as per the procedure which could be determined by the JAC.
Bar associations, jurists and other bodies may also be asked to suggest names.
Justifying the move to scrap the collegium system, the Law Ministry said, "The need for this proposal arises primarily because the present