Judicial Appointments Commission Bill references Article 124A of the Constitution

It aims to broaden the appointment process to include both the judiciary and the executive, thereby increasing transparency and accountability in the selection of judges.

Who it concerns: The Bill affects the Central Government, State Governments, the Chief Justice of India, Judges of the Supreme Court and High Courts, the Union Minister of Law and Justice, the Prime Minister, the Leader of Opposition in the House of the People, and the Secretary to the Government of India in the Department of Justice.

What the bill does

• The Commission consists of the Chief Justice of India (Chairperson), two senior Supreme Court Judges, the Union Law Minister, and two eminent persons nominated by a collegium of the Prime Minister, CJI, and Leader of Opposition.
• The Commission's duties include recommending persons for judicial appointments, recommending transfers of High Court judges, and ensuring candidates possess ability, integrity, and standing.
• For High Court appointments, the views of the State Governor, Chief Minister, and Chief Justice of the High Court must be elicited in writing.
• The Central Government must refer existing vacancies to the Commission within three months of the Act coming into force and refer future vacancies two months before or after they occur.
• The Secretary to the Government of India in the Department of Justice serves as the convener of the Commission.
• The Central Government and the Commission have powers to make rules and regulations to carry out the Act's provisions.
• Rules and regulations made under the Act must be laid before both Houses of Parliament for a total period of thirty days.

Also in the document

• The Bill references Article 124A of the Constitution, indicating it is intended to give effect to a constitutional provision.
• The two eminent persons on the Commission are nominated for a period of three years and are not eligible for re-nomination.
• The Central Government may make orders to remove difficulties in giving effect to the Act, provided such orders are made within three years of commencement.
• The Financial Memorandum states that the expenditure for the Commission would be met from the Consolidated Fund of India.