Statement of Objects and Reasons - Constitution (99th Amendment) Act, 2014

Statement of Objects and Reasons 1. 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 224-A 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 Supreme Court Advocates-on-Record Assn. v. Union of India , (1993) 4 SCC 441 = 1993 (10) TMI 352 - SUPREME COURT in the year 1993, and in its Advisory Opinion in the year 1998 in the Third Judges case, Special Reference No. 1 of 1998, In re , (1998) 7 SCC 739 = 1998 (10) TMI 537 - SUPREME COURT , 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 124-A, 124-B and 124-C 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. ************* 1 . Declared unconstitutional by Supreme Court Advocates-on-Record Assn. v. Union of India, 2015 (10) TMI 2687 - Supreme Court