“Government Open To Policy On Transfer Of Judges: Law Minister

“Government Open To Policy On Transfer Of Judges: Law Minister

Law Minister Arjun Ram Meghwal told the Lok Sabha on Monday that the government is open to a policy on the transfer of high court judges.

He made these remarks while replying to a debate on the Advocates (Amendment) Bill, which was cleared by the Lok Sabha on Monday. The Bill was already cleared by the Rajya Sabha.

Responding to an issue raised by Kalyan Banerjee of the Trinamool Congress (TMC), Mr Meghwal said after 1993, when the collegium system came into place, the Supreme Court Collegium recommends transfer and appointment of judges.

The collegium recommends to the government the transfer of high court judges. No judge an either be appointed, elevated or transferred without the recommendation of the collegium, the minister said.

He said the government had brought the National Judicial Appointments Commission (NJAC) Bill, which was passed by the Lok Sabha with unanimity and by the Rajya Sabha with near unanimity.

“But the Supreme Court has the power of judicial review,” Arjun Ram Meghwal said, hinting at the top court’s decision to strike down the NJAC Act that had sought to overturn the collegium system.

The minister said the suggestion to have a transfer policy on judges is “good”. “We accept it,” he added.

He said Banerjee’s suggestion will be taken forward and after consulting the chief justice of India or the judiciary, “we will work further if a policy comes up. There is no problem in it”.

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