Key Points on NJAC that you need to remember


 

NJAC-National Judicial Appointments Commission

  • A constitutional body.

COMPOSITION

  • Chairperson-Chief Justice of India
  • Two senior most judges of the Supreme Court following the CJI
  • Law Minister of India
  • Two eminent persons (Can be selected from Women/SC/ST/OBC/Minority communities.Appointed by a select committee with CJI,PM,and the Leader of opposition from Lok Sabha or a Leader of the single largest party in the Lok Sabha.)

FUNCTIONS

  • To recommend names to be appointed as CJI,Judges of the SC, Chief Justice of the High Courts.
  • Transfer of Judges from one HC to another.

Framing of regulations

  • Under section 12 of the NJAC Act 2014,some regulations are formed.These would lay down the “criteria of suitability”,the procedures and conditions for selection and appointment of judges to the SC and HC’s.

Reference to NJAC for filling up the vacancies

  • Existing vacancies to be notified to the NJAC by the government within 30 days of the act entering into force.
  • When a vacancy arises due to the completion of the term,a reference will be made to the NJAC 6months in advance.
  • For vacancies due to death or resignation, a reference must be made to the NJAC within 30 days of its occurrence.

Procedure for selecting of SC Judges

  • CJI  appointment: The NJAC shall recommend the senior most judge of the SC for appointment as the CJI,provided he is fit to hold the office.
  • SC Judges:Recommendations of the names on the basis of ability ,merit and other criteria specified in the regulations.
  • These recommendations will be based on the section 12 of the NJAC Act 2014 and will be sent to the President for approval of the appointment.

Veto power:

  • If two members of the NJAC  do not agree the appointment or recommendation then they have to drop the decision.

Procedure for the selection of the HC judges:

Chief Justice of HC:

  • Senior most judges across all the HC’s.(as per the regulations)

Appointment of the judges of HC’s:

  • CJ of HC can recommend the name to NJAC and the NJAC can recommend the name for appointment.
  • CJ of HC has to consult two senior most judges before recommending a name and the name will be recommended to NJAC.
  • Now the NJAC shall recommend the name to the Governor of the state and the CM of the state where the HC comes under.
  • But the final authority of appointment is with the NJAC.Atlast the NJAC will recommend the name to the President for the appointment of judge of the HC.

Veto power:

  • If two members of the NJAC  do not agree the appointment or recommendation then they have to drop the decision.

Transfer of judges of the HC’s will be as per  the regulations to be framed.

President’s position:

  • The President may require the NJAC to reconsider the recommendations .If the NJAC makes an unanimous recommendation after such reconsideration , the President shall make the appointment accordingly.It is mandatory to appoint else President can be impeached.

CONVENER OF THE NJAC – LAW SECRETARY OF INDIA.

Note: If a bill is pending before the parliament it cannot be subjected to judicial review.

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