PRS · Ministry of Parliamentary Affairs ·

Case not closed - Appointment of judges

Distilled Policy Brief

  • Parliament is considering a Constitutional Amendment Bill in Rajya Sabha to create a Judicial Appointments Committee (JAC) whose composition—CJI, the next two senior Supreme Court judges, the law minister and two eminent persons—will be detailed in a law, and appointments to Supreme Court and High Courts will be made on JAC’s recommendation, replacing the existing collegium “consultation” process.
  • The JAC’s two eminent persons are to be chosen by a collegium of the CJI, the Prime Minister and the Leader of Opposition, while for High Court appointments the JAC will also consult the state’s chief minister, governor and the High Court’s Chief Justice, thereby widening the selection committee to include executive and legislative representatives.
  • The 120th Constitution Amendment Bill and an ordinary JAC Bill allow later amendment of JAC composition by a simple parliamentary majority—a lower threshold than the current two‑thirds requirement—raising concerns about dilution of constitutional safeguards; they are slated for consideration in Rajya Sabha and are urged to be referred to the Standing Committee.

🎯 Prelims High-Yield Examination Points

Proposed Judicial Appointments Committee (JAC) and the 120th Constitution Amendment Bill altering the judicial appointment process.

⚖️ Mains Analytical & Syllabus Linkages

Implications of the JAC on judicial independence, separation of powers, and constitutional safeguards.

🎯 UPSC Prelims Practice Drill

Polity & Governance

Which of the following statements about the proposed Judicial Appointments Committee (JAC) is NOT correct?

  • [A] The JAC will be composed of the Chief Justice of India, the next two senior Supreme Court judges, the law minister, and two eminent persons chosen by a collegium of the CJI, the Prime Minister and the Leader of Opposition.
  • [B] The JAC will replace the collegium system and its composition can be amended by a simple majority in Parliament.
  • [C] The JAC will consult the Chief Minister, Governor and the Chief Justice of the High Court for High Court appointments.
  • [D] The JAC will be established by a constitutional amendment requiring a two‑thirds majority in both houses of Parliament.
▶ Reveal Official Answer & Analytical Explanation
✓ Correct Option: [D] The JAC will be established by a constitutional amendment requiring a two‑thirds majority in both houses of Parliament.

The proposed JAC is to be created by a constitutional amendment that allows its composition to be altered by a simple majority in Parliament, not by a two‑thirds majority. All other statements are directly supported by the facts provided.

Tark High-Yield Question Bank ⚡ Practice Full Test in Testing Arena ↗

🏛️ Historical Twin PYQ Anchor (2021)

UPSC Prelims 2021

Consider the following statements regarding the "National Clean Air Programme (NCAP)": 1. It is implemented by the Ministry of Environment, Forest and Climate Change. 2. Central Pollution Control Board acts as the sole regulatory executive body.

Forensic Anchor: Cabinet Allocation of Business Rules & NCAP Framework
Examiner Trap Takeaway: UPSC swapped Central Pollution Control Board role with State Pollution Control Boards for state-level monitoring.

📚 Static Syllabus & Constitutional Linkages

Collegium System: Indian Polity (Laxmikanth) – Chapter on the Judicial System