National Judicial Appointments Commission (NJA) is a proposed body responsible for the appointment and transfer of judges to the higher judiciary in India. The Commission is proposed to be established by amending the Constitution of India through the ninety-ninth constitution amendment vide the Constitution (One Hundred and Twenty First Amendment Bill) 2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014. The Bill, if ratified by half of the state legislatures in India and assented by the President of India, will replace the collegium system for the appointment of judges as mandated in the existing pre-amended constitution by a new system. Along with the Constitution Amendment Bill, the National Judicial Appointments Commission Bill, 2014, was also passed by the Lok Sabha and the Rajya Sabha to regulate the functions of the National Judicial Appointments Commission.
Constitution of the National Judicial Appointments Commission
A new article, Article 124A, (which provides for the composition of the NJAC) will be inserted into the Constitution if the amendment is ratified.
Composition
As per the amended provisions of the constitution, the Commission will consist of the following persons:
- Chief Justice of India (Chairperson, ex officio)
- Two other senior judges of the Supreme Court next to the Chief Justice of India - ex officio
- The Union Minister of Law and Justice, ex-officio
- Two eminent persons (to be nominated by a committee consisting of the Chief Justice of India, Prime Minister of India and the Leader of opposition in the Lok Sabha or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha), provided that of the two eminent persons, one person would be from the Scheduled Castes or Scheduled Tribes or OBC or minority communities or 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 Commission
As per the amended constitution, the functions of the Commission include the following:
- 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.
- Ensuring that the persons recommended are of ability and integrity.
Procedures to be followed by the Commission
The National Judicial Appointments Commission Bill, 2014, has laid down the following procedures for the selection of the Judges of the higher judiciary.
Procedure for Selection of Supreme Court judges
Chief Justice of India
The Commission shall recommend the senior-most judge of the Supreme Court for appointment as Chief Justice of India. This is provided he/she is considered fit to hold the office.
Supreme Court Judges
The Commission shall recommend names of persons on the basis of their ability, merit and other criteria specified in the regulations.
The Commission 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 High Courts
The Commission shall 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 High Court Judges
The Commission shall seek nominations from Chief Justice of the concerned High Court for appointments of High Court Judges and then forward such names to the Chief Justice of the concerned High Courts for his/her views. In both cases, the Chief Justice of the High Court shall consult two senior most judges of that High Court and any other judges and advocates as specified in the regulations. The Commission shall elicit the views of the Governor and Chief Minister of the state before making recommendations. The Commission shall not recommend a person for appointment if any two members of the Commission do not agree to such recommendation.
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