PARLIAMENTARY REPORT
INDIA
THIRD READING: INDIA
The Constitution (One Hundred and Twenty-first Amendment) Bill 2014 and The National Judicial Appointments Commission Bill 2014
In India, Supreme Court Judges and High Court Judges are appointed under the Constitution by the President. A Memorandum of Procedure for appointment of Judges to the Supreme Court and High Courts was formulated and is followed for appointments.
After a review of the relevant constitutional provisions, it was decided 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 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. The National Judicial Appointments Commission Bill 2014 was dependent upon the Constitution (One Hundred and Twenty-first Amendment) Bill 2014. In other words it would only have been feasible to bring forward the National Judicial Appointments Commission Bill 2014 only after requisite amendments to relevant provisions are made through the Constitutional (One Hundred and Twenty-first Amendment) Bill 2014. As the provisions of the two Bills were interlinked, both the Bills were taken up together through a combined discussion. The Constitution (One Hundred and Twenty-First Amendment) Bill 2014 sought to insert new articles into the Constitution which would provide for the composition and the functions of the proposed National Judicial Appointments Commission.
Further, it provided that Parliament might 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 might be considered necessary. Article 124A which sought to set up National Judicial Appointments Commission provided that it would comprise of key people including: The Chief Justice of India, as its ex-officio Chairperson; Two other senior Judges of the Supreme Court next to the Chief Justice of India as its ex-officio members; Two eminent people to be nominated by the committee as Members (one of the eminent nominees shall be nominated from the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or Women); in addition the nominated members shall be nominated for a period of three years and shall not be eligible for re-nomination. The functions of the National Judicial appointments Commission are to: recommend nominees for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts; recommend transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court; ensure that the person recommended is of ability and integrity. The National Judicial Appointments Commission Bill 2014 sought to broaden the appointment of Judges, enabling participation of judiciary, executive and eminent persons and for ensuring greater transparency,
130 | The Parliamentarian | 2015: Issue Two
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