THE CONSTITUTION (NINETY-NINTH AMENDMENT) ACT, 2014
[31st December, 2014.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Constitution (Ninety-ninth Amendment)
Act, 2014.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In article 124 of the Constitution, in clause (2),––
(a) for 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”, the words, figures and letter “on the recommendation of the National
Judicial Appointments Commission referred to in article 124A” shall be substituted;
Short title
and
commencement.
Amendment
of article 124.
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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 49] NEW DELHI, WEDNESDAY, DECEMBER 31, 2014/PAUSA 10, 1936 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
REGISTERED NO. DL—(N)04/0007/2003—14
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 31st December, 2014/Pausa 10, 1936 (Saka)
The following Act of Parliament received the assent of the President on the
31st December, 2014, and is hereby published for general information:—
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
(b) the first proviso shall be omitted;
(c) in the second proviso, for the words “Provided further that”, the words
“Provided that” shall be substituted.
3. After article 124 of the Constitution, the following articles shall be inserted,
namely:—
“124A. (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. 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. 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.”.
4. In article 127 of the Constitution, in clause (1), for the words “the Chief Justice of
India may, with the previous consent of the President”, 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” shall be substituted.
5. In article 128 of the Constitution, for the words “the Chief Justice of India”, the
words “the National Judicial Appointments Commission” shall be substituted.
Insertion of
new articles
124A, 124B
and 124C.
National
Judicial
Appointments
Commission.
Functions of
Commission.
Power of
Parliament to
make law.
Amendment
of article 127.
Amendment
of article 128.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
3
6. In article 217 of the Constitution, in clause (1), for the portion beginning with the
words “after consultation”, and ending with the words “the High Court”, the words, figures
and letter “on the recommendation of the National Judicial Appointments Commission referred
to in article 124A” shall be substituted.
7. In article 222 of the Constitution, in clause (1), for the words “after consultation with
the Chief Justice of India”, the words, figures and letter “on the recommendation of the
National Judicial Appointments Commission referred to in article 124A” shall be substituted.
8. In article 224 of the Constitution,––
(a) in clause (1), for the words “the President may appoint”, the words “the
President may, in consultation with the National Judicial Appointments Commission,
appoint” shall be substituted;
(b) in clause (2), for the words “the President may appoint”, the words “the
President may, in consultation with the National Judicial Appointments Commission,
appoint” shall be substituted.
9. In article 224A of the Constitution, for the words ‘‘the Chief Justice of a High Court for
any State may at any time, with the previous consent of the President’’, 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’’ shall be substituted.
10. In article 231 of the Constitution, in clause (2), sub-clause (a) shall be omitted.
————
DR. SANJAY SINGH,
Secretary to the Govt. of India.
Amendment
of article 222.
Amendment
of article 224.
Amendment
of article
224A.
Amendment
of article 231.
Amendment
of article 217.
GMGIPMRND—4042GI(S3)—31.12.2014.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2014.