Union Government introduced Judicial Appointments Commission Bill, 2014 in Lok Sabha

Aug 12, 2014 15:49 IST

The Union Law Minister Ravi Shankar Prasad on 11 August 2014 introduced The National Judicial Appointments Commission Bill, 2014, and the 121st Constitution Amendment Bill in the Lok Sabha.

The two Bills were introduced after the Union Government withdrew the Judicial Appointments Commission Bill, 2013 introduced by the previous UPA government in the Rajya Sabha.

The 121st Constitutional Amendment Bill was introduced to give constitutional status to the six-member body called Judicial Appointments Commission (JAC). The JAC will replace the existing Collegium system for appointing judges of higher judiciary. For this, the Bill amends Article 124 of the Constitution relating to Supreme Court and inserts new articles 124A, 124B and 124C.

The Judicial Appointment Commission Bill, 2014, on the other hand, lays down the procedure to be followed by the proposed six-member body for appointment and transfer of judges of higher judiciary.

Main provisions of the Judicial Appointment Commission Bill, 2014

  • Establishment of a six-member Judicial Appointments Commission (JAC), who will provide recommendations to the President on the appointment and transfer of judges
  • It empowers Parliament to pass a law providing for the composition, functions and procedures of the JAC.
  • The six members include the Chief Justice of India, Law and Justice Minister, two senior-most judges of the Supreme Court and two eminent persons.
  • The choice of these 'eminent persons' will be left to the Prime Minister, Chief Justice of India and the Leader of Opposition Party or the leader of the largest party in Opposition.
  • These two eminent persons should belong to the Schedule Caste, Schedule Tribe, women or minority community, preferably by rotation and will have tenure of three years.
  • The functions of the JAC include making recommendations for appointments of the CJI, SC judges, Chief Justice and other High Court (HC) judges, and transfer of HC judges.

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