Part V - The Union • Article

Article 124B Simplified: Functions of Commission

Article 124B listed the duties of the NJAC: to recommend candidates for Chief Justice of India and Supreme/High Court judges, and to recommend judicial transfers between High Courts (now inoperative).

Official Text

It shall be the duty of the National Judicial Appointments Commission to— (a) recommend persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts; (b) recommend transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court; and (c) ensure that the person recommended is of ability and integrity.

Simple Meaning

Explain Like Ten

This article listed the job description of the NJAC: recommending who should be the next Chief Justice, picking new judges, and transferring judges between states. This job is now done by the Collegium of judges.

Student Mode

Article 124B prescribed the functions of the National Judicial Appointments Commission (NJAC): (a) recommending persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts; (b) recommending transfers of Chief Justices and other Judges of High Courts from one High Court to any other High Court; and (c) ensuring recommended candidates are of ability and integrity. It is currently inoperative due to the 2015 judgment.

Example

Under Article 124B, if a High Court Judge was to be transferred to another state, the NJAC would have been the body making the formal recommendation to the President.

Key Takeaway

Article 124B outlined the functions of the NJAC, including judge appointments and transfers, before it was struck down.

FAQs

What were the main functions assigned to the NJAC under Article 124B?

Recommending appointments of the Chief Justice and judges of the Supreme Court and High Courts, recommending judicial transfers between High Courts, and certifying the integrity and ability of candidates.

Does the Collegium system have a statutory/constitutional basis similar to Article 124B?

No, the Collegium system is not explicitly mentioned in the original text of the Constitution. It evolved through judicial interpretations in the 'Three Judges Cases' (1981, 1993, 1998) based on Article 124(2).