Lok Sabha members today pitched for greater transparency in judicial appointments and asserted that Parliament has supremacy in framing laws, even as Law Minster Ravi Shankar Prasad said there was a need to "reflect" upon the collegium system of judges appointing judges.
Participating in a discussion before passing a bill to hike the salary of Supreme Court and high court judges, several members spoke about accountability of judges and raised concerns over judiciary transgressing into the legislature's jurisdiction.
A law setting up the National Judicial Appointments Commission passed by both Houses of Parliament unanimously was struck down as "unconstitutional" by the Supreme Court in 2016. The law sought to overturn the over two decade old collegium system.
Urging members to pass the bill, the law minister said perhaps time has come to "reflect" upon the collegium system and recalled that recently a sitting judge of a high court was sentenced six months jail for contempt of court.
"If the polity of the country decide to speak in one voice, we'll find a way out...I am getting the sense of the House," he said referring to views that the collegium system should be overturned.
He said before 1993, when government had a greater say in judicial appointments, the system had produced some of the finest judges of India.
While supporting the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2017, members asserted the supremacy of Parliament over judiciary.
Kalyan Banerjee (TMC) demanded that members of Parliament across political spectrum should approach the Supreme Court and say that "it is not your function" to legislate.
"Legislation should be left to Parliament...Day by day the conflict is coming up and unless it is stopped by the judiciary, in 10-15 years there will be a direct conflict between judiciary and Parliament," Banerjee said.
Deputy Speaker M Thambidurai, who was in the Chair, too said that the function of judiciary is to implement the law. "They can't legislate the law".
Referring to the issue of separation of power between the organs of the state, Prasad said, "I would like to convey to the court that if the separation of power is for us, it is for them also."
Responding to questions raised by members regarding the memorandum of procedure -- a document to guide appointment and postings of judges of the apex court and the 24 high courts -- Prasad said it is "a work in progress" where the government is pressing for greater screening and scrutiny of candidates being considered fr appointment as judges.
Members also demanded that the salary of MPs too should be hiked as well as MPLAD funds as they are accountable to the people of the country.
Tathagata Satpathy (BJD) demanded that MPLAD funds should be hiked from Rs 5 crore and a hike in salary commensurate with Cabinet Secretary rank officer.
P Ravindra Babu (TDP) too demanded that the salary of MPs should be hiked.
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