Some Important
Features of the Bill
1. This bill provides
for the composition of the Judicial Appointments Commission (JAC) for
the purpose of recommending persons for appointment as Chief Justice of India and
other Judges of the Supreme Court, Chief Justices and other Judges of the High
Courts.
2. The Chief
Justice of India shall be its ex officio Chairperson.
3. The other
members of JAC shall be two other Judges of the Supreme Court next to the Chief
Justice of India in seniority, Union Law Minister and two eminent persons to be
nominated by a Collegium consisting of the Prime Minister, CJI and the Leader
of Opposition in the Lok Sabha.
4. Also, the
Secretary to the Government of India in the Department of Justice shall be the
convener of the Commission.
5. It shall be
the duty of the Commission to recommend persons for appointment as Chief
Justice of India, Judges of the Supreme Court, Chief Justices of High Courts
and other Judges of the High Courts.
6. The
Commissions shall also recommend transfer of Chief Justices of High Courts and
the Judges of High Courts from one High Court to any other High Court.
7. In case of
appointment of Judge of a High Court, the views of the Governor and the Chief
Minister of the concerned State as also of the Chief Justice of High Court
shall be elicited in writing by the Commission.
8. The
Commission shall have the power to specify rules, procedure and regulations for
discharging the functions under the act.
9. However, no
act or proceedings of the Commission shall be questioned or shall be invalidated
merely on the ground of existence of any vacancy in, or defect in the constitution
of, the Commission.
10. The rules
made by the Central Government and the regulations made by the Commission shall
be laid as soon as may be after they are made before each House of Parliament.
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