■The Judicial Appointments
Commission Bill, 2013 was introduced in the Rajya Sabha on August 24,
2013 by the Minister of Law and Justice, Mr. Kapil Sibal.
■The
Bill has been introduced in conjunction with the Constitutional (One
Hundred and Twentieth
Amendment) Bill, 2013, which inserts Article 124A,
providing for the setting up of a Judicial Appointments Commission, and
is pending before Parliament.
■The Bill provides for the
composition, functions and procedure of the Judicial Appointments
Commission. The Commission is sought to be established for the purpose
of recommending persons for appointment as Chief Justice of India and
other Judges of the Supreme Court, and Chief Justice and other Judges of
High Courts.
■The Bill seeks to enable equal participation of
Judiciary and Executive, ensure that the appointments to the higher
judiciary are more participatory, transparent and objective.
Establishment and composition of Commission
■The Commission shall be chaired by the Chief Justice of India (CJI)
and shall comprise of two other senior most Judges of the Supreme Court,
the Union Minister for Law and Justice and two eminent persons to be
nominated by the collegium.
■The collegium comprises the Prime
Minister, the CJI and Leader of Opposition of the Lok Sabha. The
eminent members will retain membership for a three year period and are
not eligible for re nomination.
■The Secretary to the Government of India in the Department of Justice shall be the convener of the Commission.
Functions of Commission
■The Commission seeks to perform functions that relate to appointment, transfer and quality of candidates.
■Those include
(i) 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;
(ii) recommending of transfer of Chief
Justices of High Courts and the judges of High Courts, from one High
Court to any other High Court;
iii) ensuring that the person
recommended is of ability, integrity and standing in the legal
profession. The procedure for recommendation with respect to appointment
of High Court Judges includes eliciting views of the Governor, Chief
Minister and Chief Justice of High Court of the concerned state, in
writing. This shall be in accordance with procedure specified by
regulations made by the Commission.
Reference to Commission for filling up of vacancies
■Upon the arising of a vacancy in the High Court and Supreme Court,
references to the Commission shall be made by the Central Government.
■Intimation of existing vacancies shall be made within a period of
three months from the date of coming into force of this Act.
■In the case of vacancy due to the completion of term, reference shall
be made two months prior to the date of occurrence of vacancy.
■In the case of vacancy due to the death, resignation, reference shall
be made within a period of two months from the date of occurrence of
vacancy.
Procedure for short listing of candidates
■Process for selection shall be initiated by the Convener, by inviting
recommendations from the Chief Justices of High Courts, the Central
Government and the State Governments, for candidates fulfilling
eligibility criteria.
■The Commission may make regulations to
specify the procedure for short listing of candidates for considering
their appointment as Judges to the High Court and Supreme Court.
