Article 124A of Constitution of India – National Judicial Appointments Commission
Article 124A of Constitution of India deals with National Judicial Appointments Commission
Original Text of Article 124A of Constitution of India
Note: Article 124A, 124B and 124C has been declared unconstitutional by the Supreme Court in the NJAC Case
(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–
(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. Functions of Commission.––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. Power of Parliament to make law.––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.]
Questions related to Article 124A of Constitution of India
Article 124A of the Indian Constitution provides for the establishment of a National Judicial Appointments Commission (NJAC) for the appointment of judges to the higher judiciary. It was introduced to make the process more transparent and accountable under Indian Kanoon.
No, Article 124A was introduced by the 99th Constitutional Amendment Act but was later struck down by the Supreme Court in 2015, making it currently inoperative under the Constitution of India.
The Supreme Court held that Article 124A affected the independence of the judiciary, which is part of the basic structure of the Constitution of India. Therefore, under Indian Kanoon, it was declared unconstitutional.
Article 124A was meant to modify the judicial appointment process laid out in Article 124 and related provisions. It proposed a shift from the collegium system to a commission model, making it a unique part of the evolving Articles of Indian Constitution.
Platforms like 99notes.in and Indian Kanoon offer easy-to-understand breakdowns of Article 124A and other Articles of Indian Constitution, making the Constitution of India more accessible for students, aspirants, and general readers.
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