On 14th August 2014, Parliament passed the National Judicial Appointments Commission
Bill 2014 and 99th Constitutional Amendment Bill to scrap the 20-year-old collegium system of appointing Supreme Court and High Court judges and to regulate the procedure.
The bill was introduced in Lok Sabha along with the Constitution 99th Constitutional Amendment Bill, 2014 in the Lok Sabha by the Minister of Law and Justice, Mr. Ravi
Shankar Prasad on 11th August 2014. This amendment bill gives Constitutional status to the proposed Commission.
On 13th August 2014 Lok Sabha passed The National Judicial Appointments Commission Bill, 2014, by voice vote along with official amendment. The members also passed the
99th Constitution Amendment Bill with 367 voting in favour and no one against it.
On 14th August 2014 Rajya Sabha unanimously passed this Constitution Amendment Bill for setting up the NJAC and the National Judicial Appointments Commission Bill, 2014.
Now this constitutional amendment bill now has to be ratified by 50 per cent of the State legislatures before it is sent for the President’s assent.
Note: Union Law Minister Ravi Shankar Prasad moved this amendment changing the number from 121st Constitution Amendment Bill, 2014 to 99th Constitutional Amendment Bill .
It is mentioned in the 121st Constitution Amendment Bill presented in Lok Sabha that this Act may be called as the Constitution (Ninety-ninth Amendment) Act, 2014.
This is not unusual and happens when a bill is cleared ahead of the others that are already lined up. So the Bill was introduced as 121st but since it got cleared earlier than others, its number was changed.
The National Judicial Appointments Commission Bill, 2014
The Bill has been introduced in conjunction with the Constitutional (99th Amendment) Bill, 2014, which establishes the National Judicial Appointments Commission (NJAC).
The Bill provides for the procedure to be followed by the NJAC for recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court (SC), and appointment and transfer Chief Justice and other Judges of High Courts (HC).
The Headquarters of the Commission shall be at Delhi.
Reference to Commission for filling up of vacancies
When a vacancy arises in the SC or HCs, the central government will make a reference to the NJAC.
Existing vacancies will be notified to the NJAC within thirty days of the Act entering into force.
When a vacancy arises due to the completion of term, a reference will be made to the NJAC, six months in advance.
For vacancies due to death or resignation, a reference must be made to the NJAC within thirty days of its occurrence.
Procedure for Selection of Supreme Court judges
Chief Justice of India: The NJAC shall recommend the senior most judge of the Supreme Court for appointment as Chief Justice of India. This is provided he is considered fit to hold the office.
Provided that a member of the Commission whose name is being considered for recommendation shall not participate in the meeting.
SC judges: The NJAC shall recommend names of persons on the basis of their ability, merit and other criteria specified in the regulations under clause (3) of article 124 of the Constitution.
Veto power of members: The NJAC shall not recommend a person for appointment if any two of its members do not agree to such recommendation.
Procedure for Selection of High Courts judges
Chief Justices of HCs: The NJAC is to recommend a Judge of a High Court to be the Chief Justice of a High Court on the basis of seniority across High Court judges. The ability, merit and other criteria of suitability as specified in the regulations would also be considered.
Appointment of other HC Judges:
Nominations: Nominations shall be sought from Chief Justice of the concerned High Court for appointments of HC judges. The judges must be nominated on basis of ability, merit and any other criteria of suitabilitiy as may be specified by regulationsto be appointed as such under clause (2) of article 217 of the Constitution.
Eliciting views: The Commission shall nominate names for appointment of HC judges and forward such names to the Chief Justice of the concerned HCs for his views.
In both cases, the Chief Justice of the HC shall consult two senior most judges of that HC and any other judges and advocates as specified in the regulations.
Views of the Governor and CM: The NJAC shall elicit the views of the Governor and Chief Minister of the state before making recommendations.
Veto power of members: The NJAC shall not recommend a person for appointment if any two members of the Commission do not agree to such recommendation.
Transfer of Chief Justices and High Court judges:
The NJAC is to make recommendations for transfer of Chief Justices and other judges of the High Courts.
The procedure to be followed will be specified in the regulations.
Power of the President to require reconsideration
The President may require the NJAC to reconsider the recommendations made by it.
If the NJAC makes a unanimous recommendation after such reconsideration, the President
shall make the appointment accordingly.
Officers and employees of Commission
The Central Government may, in consultation with the Commission, appoint such number of officers and other employees for the discharge of functions of the Commission under this Act.
The Constitution (One Hundred And Twenty-First Amendment) Bill, 2014
This Act may be called the Constitution (Ninety-ninth Amendment) Act, 2014.
Amendment of article 124:
This amendment replaces the words “after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose” and substitute it with the words figures and letter “on the recommendation of the National Judicial Appointments Commission referred to in article 124A”.
This amendment bill inserts new articles 124A, 124B and 124C.
Article 124A:
(1) There shall be a Commission to be known as the National Judicial Appointments Commission consisting of the following 6 members namely
(a) Chief Justice of India as ex officio Chairperson of commission.
(b) Two other senior Judges of the Supreme Court next to the Chief Justice of India. They will be ex officio Members of commission.
(c) Union Minister in charge of Law and Justice will be ex office Member of commission.
(d) Two eminent persons to be nominated by the committee consisting of the Prime
Minister, the Chief Justice of India and the Leader of Opposition in the House of the People
or where there is no such Leader of Opposition, then, the Leader of single largest Opposition
Party in the House of the People. Two eminent persons will be Members of commission.
Of the two eminent persons, one person would be from the SC/ST/OBC/minority communities or be a woman. The eminent persons shall be nominated for a period of three years and shall not be eligible for re-nomination.
Functions of the NJAC:
Article 124B, provides for the functions of the NJAC which include:
(i) Recommending persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts;
(ii) Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court; and
(iii) Ensuring that the persons recommended are of ability and integrity.
Power of Parliament to make law on procedures:
Article 124C, enables Parliament to pass a law to:
(i) Regulate the procedure of appointments, and
(ii) Empower the NJAC to lay down the procedure for its functioning, and manner of selection of persons for appointment, through regulations.
The Constitution (One Hundred and Twenty-First Amendment) Bill, 2014 makes following amendments in different Articles:
- Amendment of article 127: In this article clause (1) words “the Chief Justice of India may, with the previous consent of the President”, will be replaced with the words “the National Judicial Appointments Commission on a reference made to it by the Chief Justice of India, may with the previous consent of the President”.
- Amendment of article 128: In this article of the Constitution, the words “the Chief Justice of India”, the will be replaced with the words “the National Judicial Appointments Commission”.
- Amendment of article 217: In this article clause (1), for the portion beginning with the words “after consultation”, and ending with the words “the High Court”, the words, figures and letter will be replaced by “on the recommendation of the National Judicial Appointments Commission referred to in article 124A”.
- Amendment of article 222: In this article, clause (1) words “after consultation with the Chief Justice of India”, will be replaced with the words, figures and letter “on the recommendation of the National Judicial Appointments Commission referred to in article 124A”.
- Amendment of article 224: In this article following changes will be made:
(a) In clause (1) words “the President may appoint”, will be replaced with the words “the President may, in consultation with the National Judicial Appointments Commission,appoint”.
(b) In clause (2), words “the President may appoint”, will be replaced with the words “the President may, in consultation with the National Judicial Appointments Commission, appoint”.
- Amendment of article 224A: In this article the words ‘‘the Chief Justice of a High Court for any State may at any time, with the previous consent of the President’’, will be replaced by the words ‘‘the National Judicial Appointments Commission on a reference made to it by the Chief Justice of a High Court for any State, may with the previous consent of the President’’.
- Amendment of article 231:In this article of the Constitution, clause (2), sub-clause (a) will be omitted.
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