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Monday, May 5, 2014

The Judicial Appointments Commission Bill, 2013 - Salient Features


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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