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    This bill proposes amendments to the Constitution of India to establish a National Judicial Appointments Commission for recommending appointments to the offices of Chief Justice of India, other judges of the Supreme Court, Chief Justices of High Courts and other High Court judges. Key provisions include replacing the role of the President and Chief Justice of India with recommendations from the Commission, and establishing the composition of the Commission to include the CJI, two senior SC judges, the Law Minister and two eminent persons. The bill also seeks to empower Parliament to regulate the Commission's appointment procedures.

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    This bill proposes amendments to the Constitution of India to establish a National Judicial Appointments Commission for recommending appointments to the offices of Chief Justice of India, other judges of the Supreme Court, Chief Justices of High Courts and other High Court judges. Key provisions include replacing the role of the President and Chief Justice of India with recommendations from the Commission, and establishing the composition of the Commission to include the CJI, two senior SC judges, the Law Minister and two eminent persons. The bill also seeks to empower Parliament to regulate the Commission's appointment procedures.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    10 views4 pages

    97C 2014 LS Eng PDF

    Uploaded by

    Nandini Chandra
    This bill proposes amendments to the Constitution of India to establish a National Judicial Appointments Commission for recommending appointments to the offices of Chief Justice of India, other judges of the Supreme Court, Chief Justices of High Courts and other High Court judges. Key provisions include replacing the role of the President and Chief Justice of India with recommendations from the Commission, and establishing the composition of the Commission to include the CJI, two senior SC judges, the Law Minister and two eminent persons. The bill also seeks to empower Parliament to regulate the Commission's appointment procedures.

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    of 4

    AS PASSED BY LOK SABHA

    ON 13.08.2014

    Bill No. 97-C of 2014

    THE CONSTITUTION (ONE HUNDRED AND TWENTY-FIRST


    AMENDMENT) BILL, 2014

    BILL
    further to amend the Constitution of India.

    BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—


    1. (1) This Act may be called the Constitution (Ninety-ninth Amendment) Short title
    Act, 2014. and
    commencement.
    (2) It shall come into force on such date as the Central Government may, by notification
    5 in the Official Gazette, appoint.
    2. In article 124 of the Constitution, in clause (2),–– Amendment
    of article 124.
    (a) for 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”, the words, figures and letter “on the recommendation of the National
    10 Judicial Appointments Commission referred to in article 124A” shall be substituted;
    2
    (b) the first proviso shall be omitted;
    (c) in the second proviso, for the words “Provided further that”, the words
    “Provided that” shall be substituted.
    Insertion of 3. After article 124 of the Constitution, the following articles shall be inserted,
    new articles namely:— 5
    124A, 124B
    and 124C.

    National “124A. (1) There shall be a Commission to be known as the National Judicial
    Judicial
    Appointments
    Appointments Commission consisting of the following, namely:––
    Commission.
    (a) the Chief Justice of India, Chairperson, ex officio;
    (b) two other senior Judges of the Supreme Court next to the Chief Justice
    of India ––Members, ex officio; 10

    (c) the Union Minister in charge of Law and Justice––Member, ex officio;


    (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 –– Members: 15

    Provided that one of the eminent person shall be nominated from amongst
    the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other
    Backward Classes, Minorities or Women:
    Provided further that an eminent person shall be nominated for a period of
    three years and shall not be eligible for renomination. 20

    (2) No act or proceedings of the National Judicial Appointments Commission


    shall be questioned or be invalidated merely on the ground of the existence of any
    vacancy or defect in the constitution of the Commission.
    Functions of 124B. It shall be the duty of the National Judicial Appointments Commission
    Commission. to— 25

    (a) recommend persons for appointment as Chief Justice of India, Judges


    of the Supreme Court, Chief Justices of High Courts and other Judges of High
    Courts;

    (b) recommend transfer of Chief Justices and other Judges of High Courts
    from one High Court to any other High Court; and 30

    (c) ensure that the person recommended is of ability and integrity.

    Power of 124C. Parliament may, by law, regulate the procedure for the appointment of
    Parliament to Chief Justice of India and other Judges of the Supreme Court and Chief Justices and
    make law.
    other Judges of High Courts and empower the Commission to lay down by regulations
    the procedure for the discharge of its functions, the manner of selection of persons for 35
    appointment and such other matters as may be considered necessary by it.”.
    Amendment 4. In article 127 of the Constitution, in clause (1), for the words “the Chief Justice of
    of article 127. India may, with the previous consent of the President”, 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” shall be substituted. 40

    Amendment 5. In article 128 of the Constitution, for the words “the Chief Justice of India”, the
    of article 128.
    words “the National Judicial Appointments Commission” shall be substituted.
    3
    6. In article 217 of the Constitution, in clause (1), for the portion beginning with the Amendment
    words “after consultation”, and ending with the words “the High Court”, the words, figures of article 217.
    and letter “on the recommendation of the National Judicial Appointments Commission referred
    to in article 124A” shall be substituted.
    5 7. In article 222 of the Constitution, in clause (1), for the words “after consultation with Amendment
    the Chief Justice of India”, the words, figures and letter “on the recommendation of the of article 222.
    National Judicial Appointments Commission referred to in article 124A” shall be substituted.
    8. In article 224 of the Constitution,–– Amendment
    of article 224.
    (a) in clause (1), for the words “the President may appoint”, the words “the
    10 President may, in consultation with the National Judicial Appointments Commission,
    appoint” shall be substituted;
    (b) in clause (2), for the words “the President may appoint”, the words “the
    President may, in consultation with the National Judicial Appointments Commission,
    appoint” shall be substituted.
    15 9. In article 224A of the Constitution, for the words ‘‘the Chief Justice of a High Court for Amendment
    any State may at any time, with the previous consent of the President’’, the words ‘‘the of article
    224A.
    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’’ shall be substituted.
    10. In article 231 of the Constitution, in clause (2), sub-clause (a) shall be omitted. Amendment
    of article 231.
    LOK SABHA

    ————

    BILL
    further to amend the Constitution of India.

    ————

    (As passed by Lok Sabha)

    GMGIPMRND—2247LS—13.08.2014.

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