The National Judicial Appointments Commission Act, 2014

Summary of the National Judicial Appointments Commission Act, 2014
Key Provisions:
1. Establishment and Headquarters: - Establishes the National Judicial Appointments Commission (NJC).
• Headquarters in Delhi.
2. Composition and Reference for Vacancies: - Composition not detailed in the provided excerpt.
• Central Government to intimate vacancies to the NJC for recommendations.
3. Appointment Procedures: - Supreme Court Judges:
• Senior-most Judge for Chief Justice of India if fit.
• Selection based on ability, merit, and other criteria for other Judges.
• High Court Judges:
• Chief Justice selection based on inter se seniority, ability, and merit.
• Involves nominations from the High Court's Chief Justice and consideration of ability and merit for other Judges.
4. Decision Making and Oversight: - President's Power to Reconsider: Can require the NJC to reconsider its recommendations.
• Quorum and Voting: Not specified in the provided excerpt for the NJC, but mentioned for another context (possibly not relevant due to different file path).
5. Operational and Administrative: - Officers and Employees: Appointed by the Central Government in consultation with the NJC.
• Rules and Regulations: Power to make rules (Central Government) and regulations (NJC).
• Parliamentary Oversight: Rules and regulations to be laid before Parliament.
6. Judicial and Administrative Actions: - Transfer of Judges: NJC to recommend transfers with specified procedures via regulations.
• Removal of Difficulties: Central Government can issue orders to remove difficulties in implementing the Act, valid for 5 years from commencement.
Important Notes
• Struck Down by Supreme Court: The Act was struck down by the Hon’ble Supreme Court of India on 16th October, 2015.

Legislative History:

The National Judicial Appointments Commission Act, 2014

Short Title The National Judicial Appointments Commission Act, 2014

Act Number / Year Act No. 40 of 2014

India Code Act ID 201440

Presidential Assent Date December 31, 2014

Enforcement Date April 13, 2015

Nodal Ministry Ministry of Law and Justice

Precedent & Statutory Rationale

1. The Limitations of the Collegium System:

o Prior to 2014, the appointment and transfer of judges to the Supreme Court and High Courts were handled by the "Collegium System"—an administrative mechanism evolved via judicial interpretation rather than a statutory enactment. This system faced sustained criticism from various stakeholders for opacity, lack of institutional accountability, and the total exclusion of the executive branch from the selection loop.

2. Ensuring Transparency and Broad-Based Representation:

o Enacted alongside the Constitution (Ninety-Ninth Amendment) Act, 2014, the legislation aimed to establish a transparent, accountable, and participatory institutional framework for judicial appointments, balancing judicial independence with democratic checks and balances.

Parliamentary Trajectory & Enactment

• Formulation: Developed and piloted by the Ministry of Law and Justice to completely overhaul the judicial appointment architecture in India.

• Parliamentary Passage: Introduced as the National Judicial Appointments Commission Bill, 2014, alongside the Constitution (121st Amendment) Bill, in August 2014; passed unanimously by the Lok Sabha on August 13, 2014, and by the Rajya Sabha on August 14, 2014, followed by swift ratification by more than half of the State Legislatures.

• Presidential Assent: Received formal Presidential Assent on December 31, 2014.

• Enforcement: Enforced on April 13, 2015.

• Source: India Code Official Repository and Ministry of Law and Justice Official Records