AS INTRODUCED IN LOK SABHA

9 MAY 2003

Bill No. 41 of 2003

THE CONSTITUTION (NINETY-EIGHTH AMENDMENT) BILL, 2003

A

BILL

further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-

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1. Short title and commencement.--

(1) This Act may be called the Constitution (Ninety-eighth Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint.

2. Amendment of article 124.--

In article 124 of the Constitution, in clause (2), for the portion beginning with the words "after consultation" and ending with the words "Provided
further that-", the following shall be substituted, namely:-

"on the recommendation of the National Judicial Commission and shall hold office until he attains the age of sixty-five years:

Provided that-"

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3. Insertion of new Chapter IVA.--

In Part V of the Constitution, after Chapter IV, the following Chapter shall be inserted, namely :-

"CHAPTTER IVA. - NATIONAL JUDICIAL COMMISSION

147A. Constitution of National Judicial Commission and its functions.--

(1) The President shall by order constitute a Commission, referred to in this Constitution as the National Judicial Commission.

(2) Without prejudice to the provisions of clause (3), the National Judicial Commission shall consist of the following:-

(a) the Chief Justice of India, who shall be the Chairperson of the Commission;

(b) two other Judges of the Supreme Court next to the Chief Justice of India in seniority;

(c) the Union Minister in-charge of Law and Justice; and

(d) one eminent citizen to be nominated by the President in consultation with the Prime Minister:

Provided that the eminent citizen nominated under sub-clause (d) shall hold office for a period of three years.

(3) In the case of appointment or transfer of a Judge of a High Court, the Chief Justice of that High Court and the Chief Minister of that State
or, when a proclamation under article 356 is in operation in that State, the Governor of that State, shall be associated with the Commission.

(4) It shall be the duty of the Commission-

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 (a) to make recommendation of persons for appointment of Judges of the Supreme Court, Chief Justices of High Courts and the
Judges of the High Courts;

(b) to make recommendation for the transfer of the Chief Justices of High Courts and the Judges of High Courts from one High Court
to any other High Court;

(c) to draw up a code of ethics for Judges of the Supreme Court. Chief Justices of High Courts and the Judges of the High Courts;

(d) to inquire into, suo motu or on a complaint or reference, cases of misconduct or such deviant behaviour of a Judge other than
those calling for his removal and advise the Chief Justice of India or the Chief Justice of a High Court appropriately after such inquiry.

(5) The recommendation made by the Commission under clause (4) shall be binding.

(6) No person, who is not recommended for appointment as a Judge by the Commission, shall be so appointed by the President.

(7) The Commission shall have the power to regulate its own procedure including the procedure to be followed under sub-clause (d) of clause
(4).".

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4. Amendment of article 217.--

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 "on the recommendation of the National Judicial Commission" shall be substituted.

5. Amendment of article 222.--

In article 222 of the Constitution, in clause (1), for the words "after consultation with the Chief Justice of India", the words "on the recommendation of
the National Judicial Commission" shall be substituted.

6. Amendment of article 231.--

In article 231 of the Constitution, in clause (2), for sub-clause (a), the following sub-clause shall be substituted, namely:-

"(a) the reference in clause (3) of article 147A to the Chief Minister of the State shall be construed as a reference to the Chief Ministers of all
the States in relation to which the High Court exercises jurisdiction;".

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STATEMENT OF OBJECTS AND REASONS

The Government of India has been committed to the setting up of a National Judicial Commission for appointment of Judges of the Supreme Court, and
Chief Justices and Judges of the High Courts as well as their transfer, so as to provide effective participation of both the Executive and the Judicial
Wings of the Government. The National Commission to Review the Working of the Constitution also considered this matter and recommended the
establishment of the National Judicial Commission under the Constitution for appointment of Judges of the Supreme Court.

2. The National Judicial Commission to make recommendations with respect to the appointment of Judges of the Supreme Court shall consist of-

(i) the Chief Justice of India, who shall be the Chairperson of the Commission;

(ii) two other Judges of the Supreme Court next to the Chief Justice of India in seniority;

(iii) the Union Minister in-charge of Law and Justice; and

(iv) one eminent citizen to be nominated by the President of India in consultation with the Prime Minister for a period of three years.

In the case of appointment or transfer of a Judge of a High Court, the concerned Chief Justice and the Chief Minister, or when a proclamation under
article 356 is in operation in a State, the Governor of that State shall be associated with the Commission.

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 3. The Commission shall draw up a Code of Ethics for the Judges of the Supreme Court, the Chief Justices and the Judges of the High Courts and would
inquire into cases of their misconduct or deviant behaviour and advise the Chief Justice of India or the Chief Justice of the High Court concerned,
appropriately.

4. The Bill seeks to achieve the above objects.

ARUN JAITLEY

New Delhi;
The 8th May, 2003.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[Copy of letter No. K.11011/3/2003-US.II, dated the 8th May, 2003 from Shri Arun Jaitley, Minister of Law and Justice to the Secretary-General,
Lok Sabha]

The President having been informed of the subject matter of the proposed Constitution (Ninety-eighth Amendment) Bill, 2003 has recommended the
introduction of the Bill under clause (1) of article 117 of the Constitution in Lok Sabha.

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FINANCIAL MEMORANDUM

Clause 3 of the Bill seeks to insert a new Chapter IVA in Part V of the Constitution to provide for the constitution of a Commission to be referred to as
the National Judicial Commission The commission shall comprise the Chief Justice of India, who shall be its Chairperson, two judges of the Supreme
Court next to the Chief Justice of India in seniority, the Union Minister in-charge of Law and Justice and one eminent citizen to be nominated by the
President of India in consultation with the Prime Minister.

2. The abovementioned functionaries of the Commission will be devoting only part of their time in connection with the work of the Commission and will
draw traveling and other allowances from the respective budgets, The Commission will have a separate office of its own The President may, by
regulation and on the advice of the Chairperson of the Commission, make provisions with respect to the number of members of the staff of the
Commission and other conditions of service. The expenditure will have to be incurred on their salaries and on contingencies for running the office of
the Commission. It is not feasible, at this stage, to estimate the likely expenditure to be involved on this account. However, the expenditure, whether
recurring or non-recurring will be met out of the budgetary accounts of the Department of Justice

3. The provisions of the Bill do not involve any other expenditure of a recurring or nonÂ​recurring nature.

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ANNEXURE

EXTRACTS FROM THE CONSTITUTION OF INDIA

CHAPTER IV - THE UNION JUDICIAY

124. Establishment and constitution of Supreme Court.--

(1)*****

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal 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 and shall hold office until he attains the
age of sixty-five years;

Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted:

Provided further that -

(a) a Judge may, by writing under his hand addressed to the President, resign his office;

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 (b) a Judge may be removed from his office in the manner provided in clause (4).

217. Appointment and conditions of the office of a Judge of a High Court.--

(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of
India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall
hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years:

Provided that -

(a) a Judge may, by writing under his hand addressed to the President, resign his office:

(b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the
Supreme Court;

(c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being
transferred by the President to any other High Court within the territory of India.

222. Transfer of a Judge from one High Court to another.--

(1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.

231. Establishment of a common High Court for two or more States.--

(1)

(2) In relation to any such High Court, -

(a) the reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to
which the High Court exercises jurisdiction;

(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference
to the Governor of the State in which the subordinate courts are situate; and

(c) the reference in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat:

Provided that if such principal scat is in a Union territory, the references in articles 219 and 229 to the Governor, Public Service Commission,
Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service
Commission, Parliament and Consolidated Fund of India.

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