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Thursday, April 23, 2015

 
National Judicial Appointments Commission (NJAC) is a body responsible for the appointment and transfer of judges to the higher judiciary in India

The Commission is established by amending the Constitution of India  through the 99th Constitution Amendment vide the Constitution (Ninety-Ninth Amendment) Act, 2014 passed by the Lok Sabhaon August 13,2014 and by theRajya Sabha  on August 14,2014

The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the President of India Pranab Mukerjee on  Dec 31,2014

The NJAC replaced the Collegium System for the appointment of judges as mandated in the existing pre-amended constitution by a new system

he NJAC Act and the Constitutional Amendment Act came into force from April  13,2015

As per the amended provisions of the constitution, the Commission will consist of the following persons:
  • Chief Justice of India (Chairperson, ex officio)
  • Two other senior judges of the Supreme Court next to the Chief Justice of India - ex officio
  • The Union Minister of Law and Justice, ex-officio
  • Two eminent persons (to be nominated by a committee consisting of the Chief Justice of India,Prime Minister of India and the Leader of Opposition in the Lok Sabha or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha), provided that of the two eminent persons, one person would be from the Scheduled Castes or Scheduled Tribes or OBC or Minority Communities or a woman. The eminent persons shall be nominated for a period of three years and shall not be eligible for re-nomination.
As per the amended constitution, the functions of the Commission include the following:
  • Recommending  persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts.
  • Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court.
  • Ensuring that the persons recommended are of ability, merit and other criteria mentioned in the regulations related to the act

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