National Judicial Appointments Commission Bill, 2014

On 13-08-2014, Lok Sabha passed the National Judicial Appointments Commission Bill, 2014, for the establishment of a National Judicial Appointments Commission to recommend persons for the appointment of the Judges of the Supreme Court and High Courts and the transfer of Judges. The object behind constitution of such Commission is to 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. The Bill provides for a time frame to initiate the process of filling up of vacancies in the Supreme Court and High Courts, and the procedure for selection of the Chief Justice of India, Chief Justice of High Courts and Judges of the Supreme Court and High Courts, who will then be appointed by the President on the recommendations of the Commission. It further provides that if two members of the Commission do not agree, then the Commission shall not make such recommendation. The Bill 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. Further, the Bill provides that the Commission may make regulations specifying the criteria of suitability, the procedure and conditions for selection and appointment of Judge of the Supreme Court and High Court, the procedure for transfer of Judges and the procedure to be followed by the Commission in the discharge of its functions.

To read the full text of the Bill, click here 

3 comments

  • Appointment of SC/HC judges committee may appear in future like SUPER SUPREME COURT. It is likely to affect independence of judiciary.The candidates aspiring Judge posts may have soft /obligatory view towards committee members in case they are selected. And committee members mainly non judicial members conduct also important. Nexus between non judicial members and political persons also plays main role.Appointment of non judicial members may land in controversies.Hence I am of theopinion that unnecessary complications may arise.It would be better to continue 'collegium' system incorporating social justice principle.

  • please read "basis" as "basic" in the above comment.

  • independence of judiciary is basis feature of indian constitution. so, encroachment on it in any form or manner is ultra vires, and it can be strike down by the Supreme Court of India.

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