99th Amendment in Constitution of India | 99 Constitutional Amendment

99th Amendment in Indian Constitution :-

99th Amendment in Constitution of India

The Constitution (Ninety-ninth amendment) Act, 2014

i) New articles 124A, 124B and 124C were inserted. Articles 127, 128, 217, 222, 224A, 231 were amended. The amendment provided for the formation of a National Judicial Appointments Commission.

In Article 124(2)

(a) 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”

were substituted with the words

“on the recommendation of the National Judicial Appointments Commission referred to in article 124A”

(b) the first proviso was omitted;

(c) in the second proviso, the words “Provided further that”,

were substituted with the words

“Provided that.”

The new article 124A provided for

(1) The National Judicial Appointments Commission, which would consist of:

(a) Ex officio chairperson: The Chief Justice of India,

(b) Ex officio members: Two other senior Judges of the Supreme Court next to the Chief Justice of India,

(c) Ex officio member: The Union Minister in charge of Law and Justice,

(d) A committee (consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the House of the People or if there was no such Leader of Opposition, then, the Leader of the single largest Opposition Party in the House of the People) would nominate two eminent persons,

One of the eminent persons to be nominated would be from amongst persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or Women

The period for which an eminent person shall be nominated is three years. An eminent person shall not be eligible for renomination.

(2) The mere existence of any vacancy or defect in the constitution of the Commission cannot be the ground for the questioning or invalidation of any act or proceeding of the National Judicial Appointments Commission.

The new article 124B

The duties of the National Judicial Appointments Commission:

(a) Appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts: The NJAC would recommend persons for such appointment,

(b) Transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court: The NJAC would recommend such transfers.

(c) The NJAC would ensure that the person recommended is of ability and integrity.

The new article 124C provided that

The procedure for the appointment of the Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts may, by law, be regulated by Parliament, which may empower the Commission to lay down, by regulations, the procedure for the discharge of the Commission’s functions, the manner of selection of persons for appointment and other matters considered necessary by it.

Article 127 (1)

The words

“the Chief Justice of India may, with the previous consent of the President”

were substituted with 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.”

Article 128

The words

“the Chief Justice of India”

were substituted with the words

“the National Judicial Appointments Commission”.

Article 217 (1)

The portion beginning with the words

“after consultation”, and ending with “the High Court”

were substituted with the words

“on the recommendation of the National Judicial Appointments Commission referred to in article 124A”.

Article 222 (1)

The words “after consultation with the Chief Justice of India”

were substituted with the words

“on the recommendation of the National Judicial Appointments Commission referred to in article 124A”.

Article 224 (a) in clause (1)

The words

“the President may appoint”

were substituted with the words

“the President may, in consultation with the National Judicial Appointments Commission, appoint”

(b) in clause (2)

The words

“the President may appoint”

were substituted with the words

“the President may, in consultation with the National Judicial Appointments Commission, appoint”.

Article 224A

The words

‘‘the Chief Justice of a High Court for any State may at any time, with the previous consent of the President’’

were substituted with 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’’.

Article 231 clause (2), sub-clause (a)

was omitted.

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99th Amendment in Constitution of India