National Judicial Appointment Commission(NJAC) bill. |
This Bill provides for the procedure to be followed by the NJAC for recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court (SC), and Chief Justice and other Judges of High Courts (HC). The Bill has been introduced in conjunction with the Constitutional (121st Amendment) Bill, 2014, which establishes the National Judicial Appointments Commission (NJAC). |
Composition of NJAC |
It will be constituted with 6 members,
Atleast 5 members will have to agree on each judges' appointment. |
Reference to Commission for filling up of vacancies |
1. When a vacancy arises in the SC or HCs, the central government will make a reference to the NJAC. 2. Existing vacancies will be notified to the NJAC within thirty days of the Act entering into force. 3. When a vacancy arises due to the completion of term, a reference will be made to the NJAC, six months in advance. 4. For vacancies due to death or resignation, a reference must be made to the NJAC within thirty days of its occurrence. |
Procedure for Selection of Supreme Court judges |
Chief Justice of India: The NJAC shall recommend the senior most judge of the Supreme Court for appointment as Chief Justice of India. This is provided he is considered fit to hold the office. SC judges: The NJAC shall recommend names of persons on the basis of their ability, merit and other criteria specified in the regulations. Veto power of members: The NJAC 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 HCs: The NJAC is to 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 HC Judges: Nominations: Nominations shall be sought from Chief Justice of the concerned High Court for appointments of HC judges. Eliciting views: The Commission shall nominate names for appointment of HC judges and forward such names to the Chief Justice of the concerned HCs for his views. In both cases, the Chief Justice of the HC shall consult two senior most judges of that HC and any other judges and advocates as specified in the regulations.
Views of the Governor and CM: The NJAC shall elicit the views of the Governor and Chief Minister of the state before making recommendations. Veto power of members: The NJAC shall not recommend a person for appointment if any two members of the Commission do not agree to such recommendation. |
Transfer of Chief Justices and High Court judges |
The NJAC is to make recommendations for transfer of Chief Justices and other judges of the High Courts. The procedure to be followed will be specified in the regulations. |
Power of the President to require reconsideration |
The President may require the NJAC to reconsider the recommendations made by it. If the NJAC makes a unanimous recommendation after such reconsideration, the President shall make the appointment accordingly. |
Background |
1. Before 1993 Law minister selected judges in consultation with judiciary. 2. After 1993 judiciary assumed supremacy and created their own collegiums in supreme courts and high courts. HC judge is appointed after a collegium of judges suggests his/her name, which then has to be cleared by a three member SC collegium. The three judges include CJI and atleast one SC judge who has been associated with that particular HC in the past. SC appointments cleared by 5 member collegium including CJI and 4 other senior most judges. 3. Present NJAC bill seeks to make selection process more transparent. |
Questions |
Does the bill have the risk of being struck down by the court as "ultra vires"? No. Once the bill is passed by Rajya Sabha, the constitutional amendment bill will be sent to the states for ratification. It needs the approval of at least 15 states. A Constitution amendment bill, which seeks to make any changes in articles relating to the SC and HCs, has to be ratified by legislatures of not less than half the states before it is presented to the President for assent. After president's assent the bill becomes an act.
2. What if president returns the commission's recommendation on appointments? If the President returns the recommendation of the commission, the panel will not have to return it for reconsideration "unanimously". If the recommendation is returned to the President without an unanimous recommendation, the candidate will have to be appointed. |
Source: |
http://www.prsindia.org/billtrack/the-national-judicial-appointments-commission-bill-2014-3359/ |
National Judicial Appointment Commission(NJAC) bill.
TopicWise - Current Affairs Mindmaps
- State of the climate in Asia Report Mindmap
- World Heritage Glaciers under Threat - UNESCO Mindmap
- Utah Salt Flats are receding Mindmap
- Thinning of Greenland Ice Sheet Mindmap
- Sovereign Green Bonds Framework Mindmap
- Soil carbon sequestration Mindmap
- Siberian Rubythroat Mindmap
- Shrinking of Rhinoceros Horns Mindmap
- Russia’s Nuclear-Powered Icebreaker Mindmap
- River Nile in danger Mindmap
- Red-Crowned Roofed turtle Mindmap
- Pseudohelice Annamalai Mindmap
- Provisional State of Global Climate Report, 2022 Mindmap
- National Centre of Excellence for Green Port & Shipping (NCoEGPS) Mindmap
- Muli Bamboo (Melocanna baccifera) Mindmap
- Methane Alert and Response System(MARS) Mindmap
- Mangrove Alliance for Climate (MAC) Mindmap
- Loss and damage fund Mindmap
- Long-Term Low Emission Development Strategy Mindmap
- Living Amazon Report 2022 Mindmap
- Leith’s Soft-shelled Turtle Mindmap
- Jeypore Ground Gecko Mindmap
- International Drought Resilience Alliance (IDRA) launched Mindmap
- International Day for Biosphere Reserves 2022 Mindmap
- India Abstains to Vote Against Reopening Ivory Trade Mindmap
- Himalayan Yak Mindmap
- Greenwashing Mindmap
- Global Shield Plan Mindmap
- Ganga Utsav 2022 Mindmap
- Early Warning System in Himalayan region Mindmap
- Dynamic Ground Water Resource Assessment, 2022 Mindmap
- Climate Change Performance Index (CCPI) 2023 Mindmap
- Cauvery South Wildlife Sanctuary Mindmap
- Caspian Seal die-off Mindmap
- Carbon Credit Market Mindmap
- Carbon Capture, Utilisation, and Storage (CCUS) Mindmap
- Carbon Border Adjustment Tax Mindmap
- Black-Naped Pheasant Pigeon Mindmap
- Black Corals Mindmap
- Arittapatti Biodiversity Heritage Site Mindmap
- Ambition on Melting Ice(AMI) Mindmap
- Adaptation Gap Report, 2022 Mindmap
- Aceclofenac Ban Mindmap
- Vostro Accounts Mindmap
- Unified District Information System for Education (UDISE) Plus 2021-22 report Mindmap
- State of Food and Agriculture Report, 2022 Mindmap
- SHAKTI Policy Mindmap
- Rozgar Mela Mindmap
- Report of the Expert Committee on SVAMITVA Scheme Mindmap
- Pradhan Mantri Fasal Bima Yojana (PMFBY) Mindmap
- Performance Grading Index (PGI) Mindmap
- Nutrient Based Subsidy Scheme Mindmap
- Niveshak Didi Mindmap
- Network Readiness Index 2022 Mindmap
- National Bioenergy Programme Mindmap
- Mother Tongue Survey of India Mindmap
- Mentorship, Advisory, Assistance, Resilience and Growth (MAARG) portal Mindmap
- International Tourism Mart (ITM) 2022 Mindmap
- India Infrastructure Project Development Fund Scheme (IIPDF Scheme) Mindmap
- India Chem 2022 Mindmap
- Finfluencers Mindmap
- Compressed Bio Gas plant Mindmap
- 5th Meeting of Governing Council of NIIF Mindmap
- US Space Force (USSF)-44 Mindmap
- Naseem Al Bahr 2022 Mindmap
- Make-II Project Mindmap
- India-Mozambique-Tanzania Trilateral Exercise Mindmap
- HADR Exercise Samanvay 2022 Mindmap
- Exercise Sea Vigil-22 Mindmap
- Exercise Garuda Shakti Mindmap
- Ballistic Missile Defence (BMD) interceptor AD-1 missile Mindmap
- Agni-3 Missile test Mindmap
- 4th India-France Annual Defence Dialogue Mindmap
- Tokhu Emong Festival Mindmap
- ST status for Pahari Ethnic Group Mindmap
- Sangai Festival 2022 Mindmap
- Rising Sun Water Festival 2022 Mindmap
- Patan Patola Mindmap
- Olakkuda Ezhunnallath Mindmap
- Mangarh Massacre Mindmap
- Kashi Tamil Sangamam Mindmap
- Gorshey in Delhi Mindmap
- Bali yatra 2022 Mindmap
- Aadhaar usage hygiene Mindmap
- Why Joshimath is sinking?
- Zebrafish can regenerate aged discs in human vertebrae
- National Beekeeping & Honey Mission (NBHM) 'Sweet Revolution' Mindmap
- Pashmina Shawl Mindmap
- Wangala Dance Mindmap
- Yotta Mindmap
- Nai Chetna-Pahal Badlav Ki Mindmap
- India-Australia Economic Cooperation and Trade Agreement (Ind-Aus ECTA) Mindmap
- Illegal, Unreported and Unregulated (IUU) Fishing Mindmap
- Great Knot Mindmap
- Global Vaccine Market Report 2022 Mindmap
- Global Partnership on Artificial Intelligence (GPAI) Mindmap
- Gangetic River Dolphin returns. Mindmap
- Exercise Garuda Shakti Mindmap
- Carbon Credit Market Mindmap
- Assam-Meghalaya Border Dispute Mindmap
- Arctic fires Mindmap
- 17th East Asia Summit 2022 Mindmap
- 9th Ministerial meeting of India-US Economic and Financial Partnership Mindmap
- 9th ASEAN Defence Ministers’ Meeting Plus Mindmap
- 8th Norway-India Joint Working Group Maritime meeting Mindmap
- 2nd BIMSTEC Agriculture Ministers Meeting Mindmap