Everything You Need To Know About NJAC Bill or What's inside

New Delhi: Several voices supporting the reintroduction of the National Judicial Appointments Commission (NJAC) Bill have emerged once again; the Law and Justice Minister Kiren Rijiju informed the Lok Sabha on Wednesday.

The NJAC Act, 2014 which was enacted by National Democratic Alliance (NDA) government for the appointment of judges of the Supreme Court and High Court was struck down by Supreme Court (SC) in October 2015.

Notably, at present, the Supreme Court collegiums has been appointing judges for the last 22 years.

Replying to the debate on the High Court and Supreme Court Judges (Salaries & Conditions of Service) Amend Bill, 2021 which the House passed unanimously, the Law Minister Rijiju said, ''

"A voice has been coming from across the country to reintroduce the NJAC Bill. It had been coming through media, different NGOs, and a large number of jurists.

As I have said before that this is a very sensitive issue, so, I am not saying it as a commitment. But it is my duty to inform this House that such voices are coming, including voices from the judiciary.''

Based on the above information, one should have now clear idea about the NJAC bill. Now, let's get into more details and understand the bill in depth.

What is NJAC Bill?

The NJAC bill, 2014 was introduced in the Lok Sabha on August11, 2014 by the then Union Law Minister, Mr. Ravi Shankar Prasad.

The Bill was introduced in conjunction with the Constitutional (121st Amendment) Bill, 2014, which establishes the National Judicial Appointments Commission (NJAC).

The Bill suggest the procedure to be followed by the NJAC for recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court (SC), and Chief Justice and other Judges of High Courts (HC).

Reference to commission for filling up of vacancies

The Central Government shall, within a period of thirty days from the date of coming into force of this Act, intimate the vacancies existing in the posts of Judges in the Supreme Court and in a High Court to the Commission for making its recommendations to fill up such vacancies.

The Central Government shall, six months prior to the date of occurrence of any vacancy by reason of completion of the term of a Judge of the Supreme Court or of a High

Court, will make a reference to the Commission for making its recommendation to fill up such vacancy.

The Central Government shall, within a period of thirty days from the date of occurrence of any vacancy by reason of death or resignation of a Judge of the Supreme Court or of a High Court, make a reference to the Commission for making its recommendations to fill up such vacancy.

Procedure for selection of Judge of Supreme Court

The Commission shall recommend for appointment the senior-most Judge of the Supreme Court as the Chief Justice of India if he is considered fit to hold the office.

Notably, a member of the Commission whose name is being considered for recommendation shall not participate in the meeting.

SC judges: The NJAC shall recommend names of persons on the basis of their ability, merit and other criteria specified in the regulations.

Veto power of members: The NJAC shall not recommend a person for appointment if any two of its members do not agree to such recommendation.

Procedure for selection of Judge of High Court

The Commission shall recommend for appointment a Judge of a High Court to be the Chief Justice of a High Court on the basis of inter se seniority of High Court Judges and ability, merit and any other criteria of suitability as may be specified by regulations.

The Commission shall seek nomination from the Chief Justice of the concerned High Court for the purpose of recommending for appointment a person to be a Judge of that High Court.

The Commission shall also on the basis of ability, merit and any other criteria of suitability as may be specified by regulations, nominate name for appointment as a Judge of a High Court from amongst persons who are eligible to be appointed as such under clause (2) of article 217 of the Constitution and forward such names to the Chief Justice of the concerned High Court for its views.

Before making any nomination under sub-section (2) or giving its views under sub-section (3), the Chief Justice of the concerned High Court shall consult two senior-most Judges of that High Court and such other Judges and eminent advocates of that High Court as may be specified by regulations.

After receiving views and nomination under sub-sections (2) and (3), the Commission may recommend for appointment the person, who is found suitable on the basis of ability, merit and any other criteria of suitability as may be specified by regulations.

The Commission shall not recommend a person for appointment under this section if any two members of the Commission do not agree for such recommendation.

The Commission shall elicit in writing the views of the Governor and the Chief Minister of the State concerned before making such recommendation in such manner as may be specified by regulations.

The Commission may, by regulations, specify such other procedure and conditions for selection and appointment of a Chief Justice of a High Court and a Judge of a High Court as it may consider necessary.

Procedure for transfer of Judges

The Commission shall recommend for transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court, and for this purpose, specify, by regulations, the procedure for such transfer.

Power of President to require reconsideration

The President shall, on the recommendations made by the Commission, appoint the Chief Justice of India or a Judge of the Supreme Court or, as the case may be, the Chief Justice of a High Court or the Judge of a High Court.

If the NJAC makes a unanimous recommendation after such reconsideration, the President shall make the appointment accordingly.

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