UPA II Cabinet clears constitutional status for Judicial Appointments Commission Thursday Dec 26,2013

The Union Cabinet on Thursday Dec 26,2013 gave its nod for conferring constitutional status to the proposed Judicial Appointments Commission (JAC) for appointment and transfer of judges to the higher judiciary. 

The government had earlier accepted the report of the Parliamentary Standing Committee on Law and Justice, which recommended that the structure and functions of the JAC to replace the present collegium system be governed by a constitutional provision. 

According to the proposal approved by the Cabinet, while new Article 124 A of the Constitution will define the composition of the JAC, Article 124 B will define its functions.

“We have made compromises to make the Bill palatable to all. We have satisfied all demands. The JAC Bill, 2013 with official amendments will be tabled in the Lok Sabha now,” Law Minister Kapil Sibal told

The constitutional amendment Bill has to be passed in Parliament by two-third majority. 

The JAC Bill seeks to set up a six-member body under the chairmanship of the Chief Justice of India for recommending names to the President of individuals with outstanding legal acumen and impeccable integrity and credibility for judgeship in the Supreme Court and the High Courts. It would also recommend transfer of judges of one High Court to another. 

The Constitution (120th Amendment) Bill, 2013, provides for setting up of a Judicial Appointments Commission by inserting Article 124 (A) in the Constitution and amending Articles 124(2), 217(1) and 222(1). The structure and functions of the proposed commission are provided in the JAC Bill.