How judges are appointed?

Important Sections Of The Act – 

Short title and initiation

Section 1 of this Act states that – this Act is said to be “National Judicial Appointments Commission Act, 2014”.

Section 2 of this Act states that –  It should come into power on such date as the Central Government may, by publication in the Official Gazette.

According to this act, 

(a) “ Chairperson ” refers to the Chairperson of the National Judicial Appointment Commission.  

(b) The expression “Commission” refers to the National Judicial Appointment Commission as explained in the Article 124A of the Constitution

(c)  “High Court” refers to the High Court in respect of which recommendations for the appointment of a judge is proposed to be made by the Commission

(d) “Member” – It means all the people of the commission including the chairperson

(e) “Prescribed”- It means prescribed by the rules made under this Act.

(f) “Regulations” means all the regulations made by the Commission under the Act.

Section 3 of this act states that – the location of the Headquarters of  Commission in Delhi.

Section 4 of this act states that – 

(1)The Central Government shall, within 30 days from the date of getting into the authority of this Act. recommend the openings enduring in the posts of judges in the Supreme Court. High Court to the Commission for presenting its proposal to appoint up such openings.

(2) The Central Government shall, six months before the date of existence of any opening because of the conclusion of the course of a judge of the Supreme Court or a High Court. obtain a recommendation to the Commissioners for presenting its proposal to charge up such opening.

(3) The Central Government shall, within thirty days from the date of existence of any opening because of death or retirement of a judge of the Supreme Court or a High Court. make a recommendation to the Representatives for giving its references to appointing up such opening.

Section 5 of this act states –

the system for an appointment of the judge of Supreme Court

1. Chief Justice of India:- The Commission shall prescribe the senior-most judge of the Supreme Court for the employment as Chief Justice of India. if he is deemed worthy to continue the service. But, this need be according to the information one controls rather than the term.
2. Supreme Court Judges: – The Commission shall prescribe the titles of the characters based on their experience, quality, and other standards stipulated in the commands.
3. The Commission shall not advise a person for the placement if any two of its affiliates do not consent to such proposals.

Section 6 of this act states – 

the system for an appointment of the judge of Supreme Court

1. Chief Justice of High Court: – The Commission shall approve a judge of a High Court to be the Chief Justice of High Court based on preference and experience, credit, and any additional standards of appropriateness.
2. High Court Judges: – The Commission shall solicit submissions from Chief Justice of the concerned High Court for the employment of High Court judges.
3. The Chief Justice of a High Court shall consider the two senior-most judges of that High Court and any other judges and advocates prescribed in the organization.
4. The Commission shall obtain the opinions of the Governor and Chief Minister (CM) of the state before obtaining the proposals.
   1. The Commission shall not approve a body for the employer if any two members of the representatives do not consent to such reference.

I hope you have understood the important section of this act.