National Judicial Commission
The Process of appointment to the higher judiciary and transfer of High Court Judges has been a point of discussion for so many years, particularly after honorable Supreme Court came up with concept of collegiums of Judges for this purpose.
Setting of such a commission has been recommended by the 67th Constitutional (Amendment) Bill, 1990, National Commission to Review the working of the Constitution (NCRWC) 2002, 98th Constitutional Amendment Bill, 2003 etc. But, so far it has not been created.
National Judicial Council
To promote accountability in Judiciary, there is a proposal to appoint a National Judicial Council. Such a council is supposed to deal with conducting inquiries into allegations of incapacity or misbehavior by High Court and Supreme Court Judges. National Judicial Council is necessary to bring about accountability among the higher judiciary for actions, which may not be grave to warrant impeachment, but serious enough for minor punishments.
Appointment of Other Judges
All the Judges of Supreme Court are appointed by the President of India.
In order to be appointed as a Judge of the Supreme Court, a person must have following qualifications.
– A person must have a citizen of India.
– He must have been for at least 5 years, Judge of a High Court or of two or more such courts in succession.
– An advocate of a High Court or of two or more such courts in succession for at least 10 years or in the opinion of the President a distinguished jurist.
Tenure As per, Article 124 (2), Supreme Court Judges retire at the age of 65. A judge of Supreme Court can be removed from office only through the process mentioned in Constitution. Salary Article 125 of Indian Constitution leaves it to the Indian Parliament to determine the salary, other allowances leave of absence, pension etc. Salary of Chief Justice- 100000 RS. Per Month, Salary of Other Judges- 90000/- RS. Per month.
The National Judicial Appointment Commission 2014
– The Constitution (121st Amendment) Bill, 2014 amends provisions related to appointment, transfer of Judges to higher Judiciary (SC and HC judges and the CJI).
– To establish a judicial appointments Commission (JAC), to make recommendations for the same to President.
– To empower Parliament to pass a law providing for the compositions, functions and procedures of JAC. JAC (Chairperson) Bill, 2014 states JAC shall comprise, The Chief Justice of India (CJI), Two senior-most judges of SC, Union Minister for law and Justice, two eminent persons to be nominated by a committee of PM,CJI and leader of Opposition of Lok Sabha.
– One of the eminent persons shall be nominated from amongst SCs/STs/OBCs/Minorities/ Women for 3 years.