NJAC

STATEMENT OF OBJECTS AND REASONS

The Constitution of India contains provisions for the appointment of Judges of the

Supreme Court and High Courts including the transfer of Judges from one High Court to

another High Court. The Supreme Court in the matter of the Supreme Court Advocates-onRecord

Association Vs. Union of India in the year 1993, and in its Advisory Opinion in 1998

in the Third Judges case, had interpreted clause (2) of article 124 and clause (1) of article 217

of the Constitution with respect to the meaning of ‘‘consultation’’ as ‘‘concurrence’’.

Consequently, a Memorandum of Procedure for appointment of Judges to the Supreme

Court and High Courts was formulated, and the same is being followed for appointment.

2. After review of the relevant constitutional provisions, the pronouncements of the

Supreme Court and consultations with eminent Jurists, it is felt that a broad based National

Judicial Appointments Commission should be established for making recommendations for

appointments of Judges of the Supreme Court and High Courts. The said Commission would

provide a meaningful role for the judiciary, the executive and eminent persons to present

their view points and make the participants accountable, while also introducing transparency

in the selection process. Keeping this in view, a Bill, namely, the Constitution (One Hundred

and Twenty-first Amendment) Bill, 2014 has been introduced in Parliament which provides

for the establishment of the National Judicial Appointments Commission to discharge

functions specified therein.

3. The National Judicial Appointments Commission Bill, 2014 inter alia provides for

the time frame to initiate the process of filling up of vacancies in the Supreme Court and High

Courts and the procedure for selection of Chief Justice of India, Chief Justice of High Courts

and Judges of the Supreme Court and High Courts. It further provides that if two members of

National Judicial Appointments Commission do not agree, then the Commission shall not

make such recommendation. It also provides that the President may, if necessary, require the

Commission to reconsider the recommendation. However, if the Commission makes unanimous

recommendations on such reconsideration, then the President shall make the appointment

accordingly.

4. Further, the Bill provides that the National Judicial Appointments Commission may

make regulations inter alia specifying the criteria of suitability with respect to the appointment

of Judges of the Supreme Court and High Courts, the procedure and conditions for selection

and appointment of Judge of the Supreme Court and High Court, the procedure for transfer

of Judges from one High Court to another High Court and the procedure to be followed by

the Commission in the discharge of its functions.

5. The National Judicial Appointments Commission Bill, 2014 seeks to broad base the

appointment of Judges in the Supreme Court and High Courts, enables participation of

judiciary, executive and eminent persons and ensures greater transparency, accountability

and objectivity in the appointment of the Judges in the Supreme Court and High Courts.

6. The Bill seeks to achieve the above objectives.