The Constitution (Ninety-Ninth Amendment) Act, 2014

The Constitution (Ninety-Ninth Amendment) Act, 2014, received the President’s assent on 31-12-2014. The objective of the Act is to amend the Constitution of India in order to include provisions for the recommendation of the National Judicial Appointment Commission in the appointment of the Chief Justice of India and other Judges of the SC and Chief Justices and other Judges of HC.

The Act, Interalia, provides for:

• Insertion of Article 124 A, 124 B and 124 C which states that:

124A. (1); There shall be a Commission to be known as the National Judicial Appointments Commission consisting of the following, namely:––

• the Chief Justice of India, Chairperson, ex officio
• two other senior Judges of the SC next to the Chief Justice of India- Member, ex officio
• the Union Minister in charge of Law and Justice––Member, ex officio
• two eminent persons to be nominated by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the House of the People or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in the House of the People –– Members

Provided that one of the eminent person shall be nominated from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or Women.

Provided further that an eminent person shall be nominated for a period of three years and shall not be eligible for renomination.

(2) No act or proceedings of the National Judicial Appointments Commission shall be questioned or be invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the Commission.

124B. It shall be the duty of the National Judicial Appointments Commission to—

• recommend persons for appointment as Chief Justice of India, Judges of the SC, Chief Justices of HC and other Judges of HC
• recommend transfer of Chief Justices and other Judges of HC’s from one HC to any other HC; and
• ensure that the person recommended is of ability and integrity.

124C. Parliament may, by law, regulate the procedure for the appointment of Chief Justice of India and other Judges of the SC and Chief Justices and other Judges of HC and empower the Commission to lay down by regulations, the procedure for the discharge of its functions, the manner of selection of persons for appointment and such other matters as may be considered necessary by it

• Amendment in the following provisions: Article 124, 127, 128, 217, 222, 224 in order to include provision for the recommendation of the National Judicial Appointment Commission in the appointment of the Chief Justice of India and other Judges of the SC and Chief Justices and other Judges of HC, and transfer of the Judges of the HC’s from one HC to any other HC.

• Omission of the following provisions: Article 124 (first proviso), 231 (2)(a) etc.

-Ministry of Law & Justice