Constitution 124A — National Judicial Appointments Commission

The Constitution of India, 1950

Statutory text

(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.
124B. Functions of Commission.––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.
124C. Power of Parliament to make law.––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.
125. Salaries, etc., of Judges.— (1) There shall be paid to the Judges
of the Supreme Court such salaries as may be determined by Parliament by law
and, until provision in that behalf is so made, such salaries as are specified in
the Second Schedule.
(2) Every Judge shall be entitled to such privileges and allowances and to such
rights in respect of leave of absence and pension as may from time to time be
determined by or under law made by Parliament and, until so determined, to such
privileges, allowances and rights as are specified in the Second Schedule:
Provided that neither the privileges nor the allowances of a Judge nor his
rights in respect of leave of absence or pension shall be varied to his
disadvantage after his appointment.

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