Article 124C Simplified: Power of Parliament to make law

Official Text

Parliament may, by law, regulate the procedure for the appointment of Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts and empower the Commission to lay down by regulations the procedure for the discharge of its functions, the manner of selection of persons for appointment and such other matters as may be considered necessary by it.]

Simple Meaning

Article 124C authorized Parliament to pass laws regulating the procedures for selecting and appointing Supreme Court and High Court judges (now inoperative).

Explain Like Ten

This rule gave Parliament the power to write the detailed rule book about how judges are selected. Just like the NJAC articles, this was struck down in 2015 to prevent politicians from controlling the courts.

Student Mode

Article 124C empowered Parliament to make laws regulating the procedure for appointing the Chief Justice and judges, and allowed the Commission to make regulations for its own functions. This article was struck down in 2015 alongside Articles 124A and 124B by the Supreme Court as it infringed on the independence of judicial appointments.

Example

Using Article 124C, Parliament passed the National Judicial Appointments Commission Act, 2014 to lay down the detailed procedures of the commission, which was later struck down in 2015.

Key Takeaway

Article 124C gave Parliament the power to legislate judge appointment procedures under the NJAC framework.

FAQs

What power did Article 124C give to Parliament?

It empowered Parliament to make laws to regulate the procedure for selecting and appointing judges of the Supreme Court and High Courts.

Why was Article 124C struck down if it only gave procedural law-making powers?

Because the procedural laws could be used by a majority government to dilute the say of the judiciary in appointments, thereby bypassing judicial primacy and compromising the independence of the courts.

Quiz

Under Article 124C, who was empowered to regulate the procedure of judge appointments by law?

Answer: The Parliament

What was the legal fate of Article 124C in 2015?

Answer: It was struck down by the Supreme Court

Related Topics

• Article 123
• Article 125