[Current Affairs/Polity] Judicial Appointments Commission Bill, 2014

Judicial Appointments Commission (JAC) Bill, 2014

ü      The JAC will replace the existing Collegium system for appointing judges of higher judiciary.

ü      For this, the Bill amends Article 124 of the Constitution relating to Supreme Court and inserts new articles 124A, 124B and 124C.

ü      121st Constitution Amendment Bill

ü      The 121st Constitutional Amendment Bill was introduced to give constitutional status to the six-member body called Judicial Appointments Commission (JAC).

ü      Bill was introduced by the previous UPA government in the Rajya Sabha in 2013.

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.
Article 124A: Define the composition of JAC
Article 124B: Define the functions of JAC
JAC Composition:
(i) Chief Justice of India
(ii) 2 Senior SC Judges
(iii) Union Minister of Law
(iv) Two people nominated by Collegium*
*--> Collegium consists of Prime Minister, Chief Justice of India and Leader of Opposition (Lok Sabha)
In case of High Court Judges, the JAC will consult the Chief minister, Governor of the State concerned and Chief Justice of the High Court

RAJASTHAN - First State to ratify NJAC Bill, 2014

·        Rajasthan became the first Indian state to ratify the National Judicial Appointments Commission (NJAC) Bill 2014. 

·        The Bill was unanimously passed by the Legislative Assembly of Rajasthan. The Assembly of Rajasthan also adopted the 121st Constitutional Amendment Bill that mentions about National Judicial Appointments Commission (NJAC). 

·        The NJAC Bill was sent to States in accordance to Article 368 of the Constitution of India.

·        Article 368 empowers the Parliament to amend the Constitution but the amendment is required to be ratified by the legislatures of not less than one-half of the states by resolutions to that effect before the amendment Bill can be presented to the President for assent.

·        As a result, NJAC Bill needs endorsement by at least 15 states before sending it for the Presidential assent.

·        The bill will become an Act, once it receives the presidential nod.  

Article 368 of the Constitution: Article 368 in Part XX of the Constitution of India mentions the provisions of Amendment of Constitution. The Article 368 gives power of Parliament to amend the Constitution and procedure thereof. The amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent. Nothing in article 13 shall apply to any amendment made under this article.