National Judicial Appointments Commission Act, 2014
No: 40 Dated: Dec, 31 2014
National Judicial Appointments Commission Act, 2014
(Act No. 40 of 2014)
An Act to regulate the procedure to be followed by the National Judicial Appointments Commission for recommending persons for appointment as the Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts and for their transfers and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the National Judicial Appointments Commission Act, 2014.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) "Chairperson" means the Chairperson of the Commission;
(b) "Commission" means the National Judicial Appointments Commission referred to in article 124A of the Constitution;
(c) "High Court" means the High Court in respect of which recommendation for appointment of a Judge is proposed to be made by the Commission;
(d) "Member" means a Member of the Commission and includes its Chairperson;
(e) "prescribed" means prescribed by the rules made under this Act;
(f) "regulations" means the regulations made by the Commission under this Act.
3. Headquarters of Commission.—The Headquarters of the Commission shall be at Delhi.
4. Reference to Commission for filling up of vacancies.—(1) The Central Government shall, within a period of thirty days from the date of coming into force of this Act, intimate the vacancies existing in the posts of Judges in the Supreme Court and in a High Court to the Commission for making its recommendations to fill up such vacancies.
(2) The Central Government shall, six months prior to the date of occurrence of any vacancy by reason of completion of the term of a Judge of the Supreme Court or of a High Court, make a reference to the Commission for making its recommendation to fill up such vacancy.
(3) The Central Government shall, within a period of thirty days from the date of occurrence of any vacancy by reason of death or resignation of a Judge of the Supreme Court or of a High Court, make a reference to the Commission for making its recommendations to fill up such vacancy.
5. Procedure for selection of Judge of Supreme Court.—(1) The Commission shall recommend for appointment the senior-most Judge of the Supreme Court as the Chief Justice of India if he is considered fit to hold the office: Provided that a member of the Commission whose name is being considered for recommendation shall not participate in the meeting.
(2) The Commission shall, on the basis of ability, merit and any other criteria of suitability as may be specified by regulations, recommend the name for appointment as a Judge of the Supreme Court from amongst persons who are eligible to be appointed as such under clause (3) of article 124 of the Constitution:
Provided that while making recommendation for appointment of a High Court Judge, apart from seniority, the ability and merit of such Judge shall be considered:
Provided further that the Commission shall not recommend a person for appointment if any two members of the Commission do not agree for such recommendation.
(3) The Commission may, by regulations, specify such other procedure and conditions for selection and appointment of a Judge of the Supreme Court as it may consider necessary.