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Untitled Document

THE GAZETTE OF INDIA

EXTRAORDINARY
PART II-SECTION 1
PUBLISHED BY AUTHORITY

MINISTRY OF LAW AND JUSTICE
(LEGISLATIVE DEPARTMENT)
NEW DELHI

Dated: December 31, 2014

The following Act of Parliament received the assent of the President on the 31st December, 2014, and is hereby published for general information:-

THE CONSTITUTION (NINETY-NINTH AMENDMENT) ACT, 2014

An Act further to amend the Constitution of India.

Short title and commencement. 1. (1) This Act may be called the Constitution (Ninety-ninth Amendment) Act, 2014.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Amendment of article 124. 2. In article 124 of the Constitution, in clause (2),-

(a) for the words "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", the words, figures and letter "on the recommendation of the National Judicial Appointments Commission referred to in article 124A" shall be substituted;

(b) the first proviso shall be omitted;

(c) in the second proviso, for the words "Provided further that", the words "Provided that" shall be substituted

Insertion of new articles 124A, 124B and 124C. 3. After article 124 of the Constitution, the following articles shall be inserted, namely:-

National Judicial Appointments Commission. "124A. (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.

Functions of Commission. 124B. 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

Power of Parliament to make law. 124C. 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.".

Amendment of article 127. 4. In article 127 of the Constitution, in clause (1), for the words "the Chief Justice of India may, with the previous consent of the President", the words "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" shall be substituted.

Amendment of article 128. 5. In article 128 of the Constitution, for the words "the Chief Justice of India", the words "the National Judicial Appointments Commission" shall be substituted.

Amendment of article 217. 6. In article 217 of the Constitution, in clause (1), for the portion beginning with the words "after consultation", and ending with the words "the High Court", the words, figures and letter "on the recommendation of the National Judicial Appointments Commission referred to in article 124A" shall be substituted.

Amendment of article 222. 7. In article 222 of the Constitution, in clause (1), for the words "after consultation with the Chief Justice of India", the words, figures and letter "on the recommendation of the National Judicial Appointments Commission referred to in article 124A" shall be substituted.

Amendment of article 224. 8. In article 224 of the Constitution,-

(a) in clause (1), for the words "the President may appoint", the words "the President may, in consultation with the National Judicial Appointments Commission, appoint" shall be substituted;

(b) in clause (2), for the words "the President may appoint", the words "the President may, in consultation with the National Judicial Appointments Commission, appoint" shall be substituted.

Amendment of article 224A. 9. In article 224A of the Constitution, for the words ‘‘the Chief Justice of a High Court for any State may at any time, with the previous consent of the President’’, the words ‘‘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’’ shall be substituted.

Amendment of article 231. 10. In article 231 of the Constitution, in clause (2), sub-clause (a) shall be omitted.

(Dr Sanjay Singh)
Secretary to the Govt. of India