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

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

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