Constitution Section 124A — National Judicial Appointments Commission

Part V — THE UNION — CHAPTER IV.—THE UNION JUDICIARY

Constitutional

Summary

A National Judicial Appointments Commission is established. The Commission includes the Chief Justice of India as its chairperson, the two next most senior Supreme Court judges, and the Union Law Minister. Two eminent people are also members, chosen by a committee of the Prime Minister, the Chief Justice, and the Leader of the Opposition (or the leader of the largest opposition party if there is no Leader of the Opposition). One of these eminent members must be from Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, or women, and they serve a single three-year term. Any action taken by the Commission remains valid even if there is a vacancy or a problem with how the Commission was formed.

Official Text

(1) There shall be a Commission to be known as the National Judicial AppointmentsCommission consisting of the following, namely:—

(a) the Chief Justice of India, Chairperson, ex officio;

(b) two other senior Judges of the Supreme Court next to the Chief Justice of India––Members, ex officio;

(c) the Union Minister in charge of Law and Justice––Member,ex officio;

(d) 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.