The cabinet on Thursday deferred its decision on the bill to amend the constitution for providing the government a say in the appointment of judges, since law minister Kapil Sibal could not attend the meeting.
Though Sibal’s remained absent from the meeting since he was indisposed, it is learnt that some sections in the government want further consultations before proceeding on the sensitive issue of scrapping the existing collegium system for judges appointment.
The law ministry’s draft constitution amendment bill proposes the nod of parliament for the creation of a Judicial Appointments Commission to be headed by the Chief Justice of India.
The proposal, which has been opposed by four successive CJIs, including the incumbent Justice P Sathasivam, also seeks to give the JAC the powers to transfer judges.
Apart from the Chief Justice of India, the other members of the proposed Commission would be two judges of the Supreme Court, the law minister, two eminent personsalities and Secretary (Justice) in the law ministry.
The composition shows the proposed commission would have a majority of non-judges.
The latest proposal appears to have the backing of BJP, but other political parties are yet to reveal their mind on the issue.