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Parliament Parliament of India

Constitution amendment bill inserts new article for judicial appointments commission

This Bill proposes to amend the Constitution of India to replace the current judicial collegium system with a new Judicial Appointments Commission for selecting judges.

The goal is to ensure equal participation by the judiciary and the executive in appointments, increase accountability, and introduce transparency into the selection process.

Who it concerns: The President of India, the Chief Justice of India, the Chief Justices of High Courts, the Governors of States, and the proposed Judicial Appointments Commission.

What the bill does

  • Inserts a new Article 124A to establish a Judicial Appointments Commission.
  • Amends Article 124 so that Supreme Court judges are appointed on the recommendation of the Commission rather than after consultation with judges.
  • Amends Article 217 so that High Court judges are appointed on the recommendation of the Commission.
  • Amends Article 222 so that the transfer of High Court judges is done on the recommendation of the Commission.
  • Omits the first proviso of Article 124(2) and sub-clause (a) of Article 231(2).
  • Empowers Parliament to define the composition, functions, and procedures of the Commission by law.

Also in the document

  • This is a Constitutional Amendment Bill.
  • The Bill cites the Supreme Court's interpretation of 'consultation' as 'concurrence' in the Third Judges case as the reason for the change.
  • The Bill was introduced in the Rajya Sabha on August 24, 2013.

Where this bill is now: Lapsed

How this was written

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The original document

Parliament of India — Bills (Lok Sabha & Rajya Sabha)

Bill / law · Ref. LX · 29 Aug 2013

Bill passed rs 0.1 MB Open the document On sansad.in ↗
Bill 29 Aug 2013 · 0.1 MB Open the document On sansad.in ↗
Read it here

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