Supreme Court strikes down Amendment 99
Judgement: http://aslp.in/files/pdf/NJAC.pdf More Details: https://en.wikipedia.org/wiki/National_Judicial_Appointments_Commission
This commit is contained in:
parent
8c1fd15067
commit
8e1aebb9bc
54
PART5.txt
54
PART5.txt
|
@ -1226,16 +1226,20 @@ shall be a Supreme Court of India consisting of a Chief Justice of India and,
|
|||
until Parliament by law prescribes a larger number, of not more than seven 1
|
||||
other Judges.
|
||||
(2) Every Judge of the Supreme Court shall be appointed by the
|
||||
President by warrant under his hand and seal on the recommendation of the National
|
||||
Judicial Appointments Commission referred to in article 124A and shall hold office until he
|
||||
President by warrant under his hand and seal after consultation with such of the
|
||||
Judges of the Supreme Court and of the High Courts in the States as the
|
||||
President may deem necessary for the purpose and shall hold office until he
|
||||
attains the age of sixty-five years:
|
||||
|
||||
______________________________________________
|
||||
1. Now “thirty”<79>, vide Act 11 of 2009, s. 2.
|
||||
|
||||
|
||||
Provided that:
|
||||
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
|
||||
Provided that in the case of appointment of a Judge other than the Chief
|
||||
Justice, the Chief Justice of India shall always be consulted:
|
||||
Provided further that—
|
||||
(a) a Judge may, by writing under his hand addressed to the
|
||||
President, resign his office;
|
||||
(b) a Judge may be removed from his office in the manner
|
||||
provided in clause (4).
|
||||
(2A) The age of a Judge of the Supreme Court shall be determined by
|
||||
|
@ -1269,35 +1273,6 @@ some person appointed in that behalf by him, an oath or affirmation according
|
|||
to the form set out for the purpose in the Third Schedule.
|
||||
(7) No person who has held office as a Judge of the Supreme Court shall
|
||||
plead or act in any court or before any authority within the territory of India.
|
||||
[124A. National Judicial Appointments Commission.-(1) There shall be a Commission to be
|
||||
known as the National Judicial Appointments Commission 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.
|
||||
124B. Functions of Commission. It shall be the duty of the National Judicial Appointments
|
||||
Commission to-
|
||||
(a) recommend persons for appointment as Chief Justice of India, Judges of the Supreme Court,
|
||||
Chief Justices of High Courts and other Judges of High Courts;
|
||||
(b) recommend transfer of Chief Justices and other Judges of High Courts from one High Court to
|
||||
any other High Court; and
|
||||
(c) ensure that the person recommended is of ability and integrity.
|
||||
124C. Power of Parliament to make law.--Parliament may, by law, regulate the procedure for the
|
||||
appointment of Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other
|
||||
Judges of High Courts 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.
|
||||
125. Salaries, etc., of Judges.”(1) There shall be paid to the Judges of
|
||||
the Supreme Court such salaries as may be determined by Parliament by law
|
||||
and, until provision in that behalf is so made, such salaries as are specified i
|
||||
|
@ -1317,11 +1292,10 @@ shall be performed by such one of the other Judges of the Court as the President
|
|||
may appoint for the purpose.
|
||||
127. Appointment of ad hoc Judges.”(1) If at any time there should
|
||||
not be a quorum of the Judges of the Supreme Court available to hold or
|
||||
continue any session of the Court, the National Judicial Appointments
|
||||
Commission on a reference made to it by the Chief Justice of India,
|
||||
may with the previous consent of the President and after
|
||||
consultation with the Chief Justice of the High Court concerned,
|
||||
request in writing the attendance at the sittings of
|
||||
continue any session of the Court, the Chief Justice of India may, with the
|
||||
previous consent of the President and after consultation with the Chief Justice
|
||||
of the High Court concerned, request in writing the attendance at the sittings o
|
||||
f
|
||||
the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge
|
||||
of a High Court duly qualified for appointment as a Judge of the Supreme
|
||||
Court to be designated by the Chief Justice of India.
|
||||
|
@ -1338,8 +1312,8 @@ o
|
|||
attending he shall have all the jurisdiction, powers and privileges, and shall
|
||||
discharge the duties, of a Judge of the Supreme Court.
|
||||
128. Attendance of retired Judges at sittings of the Supreme
|
||||
Court.”Notwithstanding anything in this Chapter, the National Judicial Appointments
|
||||
Commission may at any time, with the previous consent of the President, request any person
|
||||
Court.—Notwithstanding anything in this Chapter, the Chief Justice of India
|
||||
may at any time, with the previous consent of the President, request any person
|
||||
who has held the office of a Judge of the Supreme Court or of the Federal Court
|
||||
or who has held the office of a Judge of a High Court and is duly qualified for
|
||||
appointment as a Judge of the Supreme Court to sit and act as a Judge of the
|
||||
|
|
23
PART6.txt
23
PART6.txt
|
@ -1150,9 +1150,11 @@ deem it necessary to appoint.
|
|||
|
||||
217. Appointment and conditions of the office of a Judge of a High
|
||||
Court.—(1) Every Judge of a High Court shall be appointed by the President
|
||||
by warrant under his hand and seal on the recommendation of the
|
||||
National Judicial Appointments Commission referred to in article 124A, and shall
|
||||
hold office, in the case of an additional or acting Judge, as provided in article 224
|
||||
by warrant under his hand and seal after consultation with the Chief Justice of
|
||||
India, the Governor of the State, and, in the case of appointment of a Judge
|
||||
other than the Chief Justice, the Chief Justice of the High Court, and shall hol
|
||||
d
|
||||
office, in the case of an additional or acting Judge, as provided in article 224
|
||||
,
|
||||
and in any other case, until he attains the age of sixty-two years:
|
||||
Provided that—
|
||||
|
@ -1240,8 +1242,7 @@ Provided that neither the allowances of a Judge nor his rights in respect
|
|||
of leave of absence or pension shall be varied to his disadvantage after his
|
||||
appointment.
|
||||
222. Transfer of a Judge from one High Court to another.—(1) The
|
||||
President may, on the recommendation of the National Judicial Appointments
|
||||
Commission referred to in article 124A, transfer a
|
||||
President may, after consultation with the Chief Justice of India, transfer a
|
||||
Judge from one High Court to any other High Court.
|
||||
(2) When a Judge has been or is so transferred, he shall, during the
|
||||
period he serves, after the commencement of the Constitution (Fifteenth
|
||||
|
@ -1264,21 +1265,18 @@ THE CONSTITUTION OF INDIA
|
|||
of any temporary increase in the business of a High Court or by reason of
|
||||
arrears of work therein, it appears to the President that the number of the
|
||||
Judges of that Court should be for the time being increased, the President may
|
||||
, in consultation with the National Judicial Appointments Commission,
|
||||
appoint duly qualified persons to be additional Judges of the Court for such
|
||||
period not exceeding two years as he may specify.
|
||||
(2) When any Judge of a High Court other than the Chief Justice is by
|
||||
reason of absence or for any other reason unable to perform the duties of his
|
||||
office or is appointed to act temporarily as Chief Justice, the President may
|
||||
, in consultation with the National Judicial Appointments Commission,
|
||||
appoint a duly qualified person to act as a Judge of that Court until the
|
||||
permanent Judge has resumed his duties.
|
||||
(3) No person appointed as an additional or acting Judge of a High
|
||||
Court shall hold office after attaining the age of sixty-two years.
|
||||
224A. Appointment of retired Judges at sittings of High Courts.—
|
||||
Notwithstanding anything in this Chapter, the National Judicial Appointments
|
||||
Commission on a reference made to it by the Chief Justice of a High Court
|
||||
for any State, may with the previous consent of the President, request
|
||||
Notwithstanding anything in this Chapter, the Chief Justice of a High Court for
|
||||
any State may at any time, with the previous consent of the President, request
|
||||
any person who has held the office of a Judge of that Court or of any other
|
||||
High Court to sit and act as a Judge of the High Court for that State, and every
|
||||
such person so requested shall, while so sitting and acting, be entitled to such
|
||||
|
@ -1442,7 +1440,10 @@ States.—(1) Notwithstanding anything contained in the preceding provisions of
|
|||
this Chapter, Parliament may by law establish a common High Court for two or
|
||||
more States or for two or more States and a Union territory.
|
||||
(2) In relation to any such High Court,—
|
||||
(a) the reference in article 227 to the Governor shall, in relation to
|
||||
(a) the reference in article 217 to the Governor of the State shall
|
||||
be construed as a reference to the Governors of all the States in relation
|
||||
to which the High Court exercises jurisdiction;
|
||||
(b) the reference in article 227 to the Governor shall, in relation to
|
||||
any rules, forms or tables for subordinate courts, be construed as a
|
||||
reference to the Governor of the State in which the subordinate courts
|
||||
are situate; and
|
||||
|
|
Loading…
Reference in New Issue