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- The
Constitution (One Hundred and Twenty- First Amendment) Bill, 2014 was
introduced in the Lok Sabha on August 11, 2014 by the Minister of Law
and Justice, Mr. Ravi Shankar Prasad.
- According
to the Statement of Objects and Reason of the Bill, there is a need
for a broad based National Judicial Appointment Commission (NJAC), for
making recommendations for selection of judges. The Bill seeks
to enable equal participation of Judiciary and Executive, ensure that
the appointments to the higher judiciary are more participatory,
transparent and objective.
- The
Constitution (121st Amendment) Bill amends the provisions of the
Constitution related to the appointment of Supreme Court and High
Court judges, and the transfer of High Court judges.
- Creation
of the NJAC: Article 124 (2) of the Constitution provides
that the President will make appointments of Supreme Court (SC) and
High Court(HC) judges after consultation with the Chief Justice of
India and other SC and HC judges as he considers necessary. The
Bill amends Article 124 (2) of the Constitution to provide for a
Commission, to be known as the National Judicial Appointments
Commission (NJAC). The NJAC would then make recommendations to
the President for appointments of SC and HC judges.
- Composition
of the NJAC: A new Article, Article 124A provides for the
composition of the NJAC. The NJAC would consist of:
- Chief
Justice of India (Chairperson)
- Two
senior most Supreme Court Judges
- The
Union Minister of Law and Justice
- Two
eminent persons (to be nominated by a committee consisting of the
Chief Justice of India, Prime Minster of India and the Leader of
Opposition in the Lok Sabha)
- 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: A new Article, Article 124B, provides for the
functions of the NJAC which include:
- 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;
- Recommending
transfer of Chief Justices and other Judges of High Courts from one
High Court to any other High Court; and
- Ensuring
that the persons recommended are of ability and integrity.
- Power
of Parliament to make law on procedures: A new Article,
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.
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