* 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
See the PDF: http://legislative.gov.in/sites/default/files/amend97.pdf
SOR: http://legislative.gov.in/sites/default/files/99%20SOR.pdf
SOR Follows:
STATEMENT OF OBJECTS AND REASONS
The co-operative sector, over the years, has made significant contribution to various
sectors of national economy and has achieved voluminous growth. However, it has shown
weaknesses in safeguarding the interests of the members and fil.!fiIment of objects for which
these institutions were organised. There have been instances where elections have been
postponed indefinitely and nominated office bearers or administrators remaining in-charge
of these institutions for a long time. This reduces the accountability of the management of
co-operative societies to their members. Inadequate professionalism in management in many
of the co-operative institutions has led to poor services and low productivity. Co-operatives
need to run on well established democratic principles and elections held on time and in a free
and fair manner. Therefore, there is a need to initiate fundamental reforms to revitalize these
institutions in order to ensure their contribution in the economic development of the country
and to serve the interests of members and public at large and also to ensure their autonomy,
democratic functioning and professional management.
2. The "co-operative societies" is a subject enumerated in Entry 32 of the State List of
the Seventh Schedule of the Constitution and the State Legislatures have accordingly enacted
legislations on co-operative societies. Within the framework of State Acts, growth of
co-operatives on large scale was envisaged as part of the efforts for securing social and
economic justice and equitable distribution of the fruits of development. It has, however,
been experienced that in spite of considerable expansion of co-operatives, their performance
in qualitative terms has not been up to the desired level. Considering the need for reforms in
the Co-operative Societies Acts of the States, consultations with the State Governments
have been held at several occasions and in the conferences of State Co-operative Ministers.
A strong need has been felt for amending the Constitution so as to keep the co-operatives
free from unnecessary outside interferences
and also to ensure, their autonomous
organisational set up and their democratic functioning.
3. The Central Government is committed to ensure that the co-operative societies in
the country function in a democratic, professional, autonomous and economically sound
manner. With a view to bring the necessary reforms, itis proposed to incorporate a new Part
in the Constitution so- as to provide for certain provisions covering the vital. aspects of
working of co-operative societies like democratic, autonomous and professional functioning.
A new article is also proposed to be inserted in Part IV of the Constitution (Directive Principles
of State Policy) for the States to endeavour to promote voluntary formation, autonomous
functioning, democratic control and professional management of cooperative societies. The
proposed new Part in the Constitution, inter alia, seeks to empower the Parliament in respect
of multi-State co-operative societies and the State Legislatures in case of other co-operative
societies to make appropriate law, laying down the following matters, namely:(a) provisions for incorporation, regulation arid winding up of co-operative
societies based on the principles of democratic member-control, member-economic
participation and autonomous functioning;
(b) specifying the maximum number of directors of a co-operative society to be
not exceeding twenty-one members;
(c) providing for a fixed term offive years from the date of election in respect of
the elected members of the board and its office bearers;
(d) providing for a maximum time limit of six months during which a board of
directors of co-operative
society could be kept under supersession or suspension;
(e) providing for independent professional
audit;
(f) providing for right of information to the members of the co-operative societies;
6
7
(g) empowering the State Governments
and accounts of co-operative societies;
to obtain periodic
reports of activities
(h) providing for the reservation of one seat for the Scheduled Castes or the
Scheduled Tribes and two seats for women on the board of every co-operative society,
which have individuals as members from such categories;
(i) providing for offences relating to co-operative societies and penalties in
respect of such offences.
4. It is expected that these provisions will not only ensure the autonomous and
democratic functioning of co-operatives, but also ensure the accountability of management
to the members and other stakeholders and shall provide for deterrence for violation of the
provisions of the law.
5. The Bill seeks to achieve the above objectives.
NEW DELHI:
The 11thNovember, 2009.
SHARAD PAWAR