The Union Cabinet on Thursday Dec 26,2013 gave its nod for conferring constitutional
status to the proposed Judicial Appointments Commission (JAC) for
appointment and transfer of judges to the higher judiciary.
The government had earlier accepted the report of the Parliamentary
Standing Committee on Law and Justice, which recommended that the
structure and functions of the JAC to replace the present collegium
system be governed by a constitutional provision.
According to the proposal approved by the Cabinet, while new Article 124
A of the Constitution will define the composition of the JAC, Article
124 B will define its functions.
“We have made compromises to make the Bill palatable to all. We have
satisfied all demands. The JAC Bill, 2013 with official amendments will
be tabled in the Lok Sabha now,” Law Minister Kapil Sibal told
The constitutional amendment Bill has to be passed in Parliament by two-third majority.
The JAC Bill seeks to set up a six-member body under the chairmanship of
the Chief Justice of India for recommending names to the President of
individuals with outstanding legal acumen and impeccable integrity and
credibility for judgeship in the Supreme Court and the High Courts. It
would also recommend transfer of judges of one High Court to another.
The Constitution (120th Amendment) Bill, 2013, provides for setting up
of a Judicial Appointments Commission by inserting Article 124 (A) in
the Constitution and amending Articles 124(2), 217(1) and 222(1). The
structure and functions of the proposed commission are provided in the
JAC Bill.
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