Ninety-ninth amendment (#1)

* Ninety-ninth amendment

Amendment: http://legislative.gov.in/sites/default/files/99th.pdf
SOR: http://legislative.gov.in/sites/default/files/99%20SOR.pdf

SOR Text follows:

STATEMENT OF OBJECTS AND REASONS
The Judges of the Supreme Court are appointed under clause (2) of article 124 and the
Judges of the High Courts are appointed under clause (1) of article 217 of the Constitution,
by the President. The Ad-hoc Judges and retired Judges for the Supreme Court are appointed
under clause (1) of article 127 and article 128 of the Constitution respectively. The appointment
of Additional Judges and Acting Judges for the High Court is made under article 224 and the
appointment of retired Judges for sittings of the High Courts is made under article 224A of
the Constitution. The transfer of Judges from one High Court to another High Court is made
by the President after consultation with the Chief Justice of India under clause (1) of article
222 of the Constitution.
2. The Supreme Court in the matter of the Supreme Court Advocates-on-Record
Association Vs. Union of India in the year 1993, and in its Advisory Opinion in the year 1998
in the Third Judges case, had interpreted clause (2) of article 124 and clause (1) of article 217
of the Constitution with respect to the meaning of “consultation” as “concurrence”.
Consequently, a Memorandum of Procedure for appointment of Judges to the Supreme
Court and High Courts was formulated, and is being followed for appointment.
3. After review of the relevant constitutional provisions, the pronouncements of the
Supreme Court and consultations with eminent Jurists, it is felt that a broad based National
Judicial Appointments Commission should be established for making recommendations for
appointment of Judges of the Supreme Court and High Courts. The said Commission would
provide a meaningful role to the judiciary, the executive and eminent persons to present their
view points and make the participants accountable, while also introducing transparency in
the selection process.
4. The Constitution (One Hundred and Twenty-first Amendment) Bill, 2014 is an enabling
constitutional amendment for amending relevant provisions of the Constitution and for
setting up a National Judicial Appointments Commission. The proposed Bill seeks to insert
new articles 124A, 124B and 124C after article 124 of the Constitution. The said Bill also
provides for the composition and the functions of the proposed National Judicial
Appointments Commission. Further, it provides that Parliament may, by law, regulate the
procedure for appointment of Judges and empower the National Judicial Appointments
Commission to lay down procedure by regulation for the discharge of its functions, manner
of selection of persons for appointment and such other matters as may be considered
necessary.
5. The proposed Bill seeks to broad base the method of appointment of Judges in the
Supreme Court and High Courts, enables participation of judiciary, executive and eminent
persons and ensures greater transparency, accountability and objectivity in the appointment
of the Judges in the Supreme Court and High Courts.
6. The Bill seeks to achieve the above objectives.
NEW DELHI;

RAVI SHANKAR PRASAD.
The 8th August, 2014.

* Add the resignation clause back

PART6.txt

@@ -1150,11 +1150,9 @@ 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 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
+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
 ,
 and in any other case, until he attains the age of sixty-two years:
 Provided that—
@@ -1242,7 +1240,8 @@ 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, after consultation with the Chief Justice of India, transfer a
+President may, on the recommendation of the National Judicial Appointments
+Commission referred to in article 124A, 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
@@ -1265,18 +1264,21 @@ 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 Chief Justice of a High Court for
-any State may at any time, with the previous consent of the President, request
+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
 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
@@ -1440,14 +1442,11 @@ 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 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
+(a) 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
-(c) the references in articles 219 and 229 to the State shall be
+(b) the references in articles 219 and 229 to the State shall be
 construed as a reference to the State in which the High Court has its
 principal seat:
 Provided that if such principal seat is in a Union territory, the references