THE CONSTITUTION (ONE HUNDRED AND TWENTY-FIRST AMENDMENT) BILL, 2014
AS INTRODUCED IN LOK SABHA
ON 11.8.2014
Bill No. 97 of 2014
THE CONSTITUTION (ONE HUNDRED AND TWENTY-FIRST AMENDMENT) BILL, 2014
A
BILL
further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Constitution (One Hundred and Twenty-first Amendment) Act, 2014.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In article 124 of the Constitution, in clause (2),––
(a) for the words “after consultation with such of the Judges of the
Supreme Court and of the High Courts in the States as the President may
deem necessary for the purpose”, the words, figures and letter “on the
recommendation of the National Judicial Appointments Commission referred
to in article 124A” shall be substituted;
(b) the first proviso shall be omitted;
(c) in the second proviso, for the words “Provided further that”, the words “Provided that” shall be substituted.
3. After article 124 of the Constitution, the following articles shall be inserted, namely:—
“124A. (1) There shall be a Commission to be known as the National
Judicial Appointments Commission consisting of the following, namely:––
(a) the Chief Justice of India, Chairperson, ex officio;
(b) two other senior Judges of the Supreme Court next to the Chief Justice of India ––Members, ex officio;
(c) the Union Minister in charge of Law and Justice––Member, ex officio;
(d) two eminent persons to be nominated by the committee consisting
of the Prime Minister, the Chief Justice of India and the Leader of
Opposition in the House of the People or where there is no such Leader
of Opposition, then, the Leader of single largest Opposition Party in
the House of the People –– Members:
Provided that one of the eminent person shall be nominated from
amongst the persons belonging to the Scheduled Castes, the Scheduled
Tribes, Other Backward Classes, Minorities or Women:
Provided further that an eminent person shall be nominated for a
period of three years and shall not be eligible for renomination.
(2) No act or proceedings of the National Judicial Appointments
Commission shall be questioned or be invalidated merely on the ground of
the existence of any vacancy or defect in the constitution of the
Commission.
124B. It shall be the duty of the National Judicial Appointments Commission to—
(a) recommend persons for appointment as Chief Justice of India,
Judges of the Supreme Court, Chief Justices of High Courts and other
Judges of High Courts;
(b) recommend transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court; and
(c) ensure that the person recommended is of ability and integrity.
124C. Parliament may, by law, regulate the procedure for the
appointment of Chief Justice of India and other Judges of the Supreme
Court and Chief Justices and other Judges of High Courts and empower the
Commission to lay down by regulations
the procedure for the discharge of its functions, the manner of
selection of persons for appointment and such other matters as may be
considered necessary by it.”.
4. In article 127 of the Constitution, in clause (1), for the words
“the Chief Justice of India may, with the previous consent of the
President”, the words “the National Judicial Appointments Commission on a
reference made to it by the Chief Justice of India, may with the
previous consent of the President” shall be substituted.
5. In article 128 of the Constitution, for the words “the Chief
Justice of India”, the words “the National Judicial Appointments
Commission” shall be substituted.
6. In article 217 of the Constitution, in clause (1), for the portion
beginning with the words “after consultation”, and ending with the words
“the High Court”, the words, figures and letter “on the recommendation
of the National Judicial Appointments Commission referred to in article
124A” shall be substituted.
7. In article 222 of the Constitution, in clause (1), for the words
“after consultation with the Chief Justice of India”, the words, figures
and letter “on the recommendation of the National Judicial Appointments
Commission referred to in article 124A” shall be substituted.
8. In article 224 of the Constitution,––
(a) in clause (1), for the words “the President may appoint”, the
words “the President may, in consultation with the National Judicial
Appointments Commission, appoint” shall be substituted;
(b) in clause (2), for the words “the President may appoint”, the
words “the President may, in consultation with the National Judicial
Appointments Commission, appoint” shall be substituted.
9. In article 224A of the Constitution, for the words ‘‘the Chief
Justice of a High Court for any State may at any time, with the previous
consent of the President’’, the words ‘‘the National Judicial
Appointments Commission on a reference made to it by the Chief Justice
of a High Court for any State, may with the previous consent of the
President’’ shall be substituted.
10. In article 231 of the Constitution, in clause (2), sub-clause (a) shall be omitted.
STATEMENT OF OBJECTS AND REASONS
The Judges of the Supreme Court are appointed under clause (2) of
article 124 and the Judges of the High Courts are appointed under clause
(1) of article 217 of the Constitution, by the President. The Ad hoc
Judges and retired Judges for the Supreme Court are appointed under
clause (1) of article 127 and article 128 of the Constitution
respectively. The appointment of Additional Judges and Acting Judges for
the High Court is made under article 224 and the appointment of retired
Judges for sittings of the High Courts is made under article 224A of
the Constitution. The transfer of Judges from one High Court to another
High Court is made by the President after consultation with the Chief
Justice of India under clause (1) of article 222 of the Constitution.
2. The Supreme Court in the matter of the Supreme Court
Advocates-on-Record Association Vs. Union of India in the year 1993, and
in its Advisory Opinion in the year 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 is being followed
for appointment.
3. 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 appointment of Judges of the Supreme Court and High Courts. The said
Commission would provide a meaningful role to 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.
4. The Constitution (One Hundred and Twenty-first Amendment) Bill,
2014 is an enabling constitutional amendment for amending relevant
provisions of the Constitution and for setting up a National Judicial
Appointments Commission. The proposed Bill seeks to insert new articles
124A, 124B and 124C after article 124 of the Constitution. The said Bill
also provides for the composition and the functions of the proposed
National Judicial Appointments Commission. Further, it provides that
Parliament may, by law, regulate the procedure for appointment of Judges
and empower the National Judicial
Appointments Commission to lay down
procedure by regulation for the discharge of its functions, manner of
selection of persons for appointment and such other matters as may be
considered necessary.
5. The proposed Bill seeks to broad base the method of 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.
RAVI SHANKAR PRASAD.
NEW DELHI;
The 8th August, 2014.
PRESIDENT’S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
————
[Copy of letter No. K-11016/1/2009-US.II, dated 8 August, 2014 from
Shri Ravi Shankar Prasad, Minister of Law and Justice to the
Secretary-General, Lok Sabha]
The President, having been informed of the subject matter of the
proposed Constitution (One Hundred and Twenty-first Amendment) Bill,
2014, recommends to the House the consideration of the Bill under
article 117(3) of the Constitution of India.
ANNEXURE
EXTRACTS FROM THE CONSTITUTION OF INDIA
* * * * *
CHAPTER IV. —THE UNION JUDICIARY
124. (1) * * * * *
(2) Every Judge of the Supreme Court shall be appointed by the
President by warrant under his hand and seal after consultation with
such of the Judges of the Supreme Court and of the High Courts in the
States as the President may deem necessary for the purpose and shall
hold office until he attains the age of sixty-five years:
Provided that in the case of appointment of a Judge other than the
Chief Justice, the Chief Justice of India shall always be consulted:
Provided futher that—
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed from his office in the manner provided in clause (4).
* * * * *
127. (1) If at any time there should not be a quorum of the Judges of
the Supreme Court available to hold or continue any session of the
Court, the Chief Justice of India may, with the previous consent of the
President and after consultation with the Chief Justice of the
High Court concerned, request in writing the attendance at the sittings
of the Court, as an ad hoc Judge, for such period as may be necessary,
of a Judge of a High Court duly qualified for appointment as a Judge of
the Supreme Court to be designated by the Chief Justice of India.
* * * * *
128. Notwithstanding anything in this Chapter, the Chief Justice of
India may at any time, with the previous consent of the President,
request any person who has held the office of a Judge of the Supreme
Court or of the Federal Court or who has held the office of a Judge of a
High Court and is duly qualified for appointment as a Judge of the
Supreme Court to sit and act as a Judge of the Supreme Court, and every
such person so requested shall, while so sitting and acting, be entitled
to such allowances as the President may by order determine and have all
the jurisdiction, powers and privileges of, but shall not otherwise be
deemed to be, a Judge of that Court:
Provided that nothing in this article shall be deemed to require any
such person as aforesaid to sit and act as a Judge of that Court unless
he consents so to do.
* * * * *
217. (1) Every Judge of a high Court shall be appointed by the
President by warrant under his hand and seal after consultation with the
Chief Justice of India, the Governor of the State, and, in the case of
appointment of a Judge other than the Chief Justice, the Chief Justice
of the High Court, and shall hold office, in the case of an additional
or acting Judge, as provided in article 224, and in any other case,
until he attains the age of sixty-two years:
Provided that—
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed from his office by the President in the
manner provided in clause (4) of article 124 for the removal of a Judge
of the Supreme Court;
(c) the office of a Judge shall be vacated by his being appointed by
the President to be a Judge of the Supreme Court or by his being
transferred by the President to any other High Court within the
territory of India.
* * * * *
222. ( 1 ) The President may, after consultation with the Chief
Justice of India, transfer a Judge form one High Court to any other High
Court.
* * * * *
224. (1) If by reason of any temporary increase in the business of a
High Court or by reason of arrears of work therein, it appears to the
President that the number of the Judges of that Court should be for the
time being increased, the President may appoint duly qualified persons
to be additional Judges of the Court for such period not exceeding two
years as he may specify.
(2) When any Judge of a High Court other than the Chief Justice is by
reason of absence or for any other reason unable to perform the duties
of his office or is appointed to act temporarily as Chief Justice, the
President may appoint a duly qualified person to act as
a Judge of that Court until the permanent Judge has resumed his duties.
* * * * *
224A. Notwithstanding anything in this Chapter, the Chief Justice of a
High Court for any State may at any time, with the previous consent of
the President, request any person who has held the office of a Judge of
that Court or of any other High Court to sit and act as a Judge of the
High Court for that State, and every such person so requested shall,
while so sitting and acting, be entitled to such allowances as the
President may by order determine and have all the jurisdiction, powers
and privileges of, but shall not otherwise be deemed to be, a Judge of
that High Court:
Provided that nothing in this article shall be deemed to require any
such person as aforesaid to sit and act as a Judge of that High Court
unless he consents so to do.
* * * * *
231.(1) * * * * *
(2) In relation to any such High Court,—
(a) the reference in article 217 to the Governor of the State shall
be construed as a reference to the Governors of all the States in
relation to which the High Court exercises jurisdiction;
* * * * *
LOK SABHA
————
A
BILL
further to amend the Constitution of India
(Shri Ravi Shankar Prasad, Minister of Law and Justice)
Source:
http://rajyasabha.nic.in
