The Constitution (120th Amendment) Bill, 2013
- The Constitution (One Hundred and Twentieth Amendment) Bill, 2013
was introduced in the Rajya Sabha on August 24, 2013 by the Minister of
Law and Justice, Mr. Kapil Sibal.
- Pursuant to a review of constitutional provisions providing for the
appointment and transfer of Judges, and relevant Supreme Court
decisions on the matter, the need for a broad based Judicial Appointment
Commission, for making recommendations for selection of judges was
felt.
- The Bill seeks to enable equal participation of Judiciary and
Executive, make the appointment process more accountable and ensure
greater transparency and objectivity in the appointments to the higher
judiciary.
- The Bill proposes to insert a new Article 124A, and amend Article 124(2) (a).
- The proposed Article 124 A contains two clauses; Clause (1)
provides for a Commission, to be known as the Judicial Appointments
Commission.
- Article 124A(2) enables Parliament to make a law that provides the
manner of selection for appointment as Chief justice of India and other
Judges of the Supreme Court, Chief justices and other judges of the High
Courts.
- Furthermore, Article 124A (2) enables that law to lay down the
following features of the Commission: (i) the composition, (ii) the
appointment, qualifications, conditions of service and tenure of the
Chairperson and Members, (iii) the functions, (iv) procedure to be
followed, (v) other necessary matters.
- Consequently, the Bill amends Article 124 (2) (a) of the
Constitution, providing for appointment of Judges to the higher
judiciary, by the President, after consultation with Judges of the
Supreme Court and High Courts in the states.
