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Question

Which of the following constitutional bodies was created to recommend appointments and transfers of judges in India?

The correct answer is
National Judicial Appointments Commission

Understanding Judicial Appointments in India

The question asks to identify the specific constitutional body in India created to recommend the appointment and transfer of judges. This involves understanding the structure and functions of bodies related to the Indian judiciary.

Analyzing the Options for Judicial Appointments

Let's examine the given options:

  • National Judicial Appointments Commission (NJAC): This commission was a proposed body intended to replace the Collegium system for appointing judges to the higher judiciary (Supreme Court and High Courts). Its primary objective was indeed to recommend appointments and transfers of judges. Although struck down by the Supreme Court, it was established by constitutional amendment (99th Amendment Act, 2014) with the specific purpose mentioned in the question.
  • High Court Tribunal: Tribunals are typically quasi-judicial bodies set up to adjudicate specific types of disputes (like administrative or tax issues) and are not generally responsible for the appointment or transfer of High Court or Supreme Court judges.
  • Supreme Council of Judges: This term does not refer to a specific constitutional body established in India for the purpose of recommending judicial appointments or transfers.
  • Central Judicial Commission: Similar to the 'Supreme Council of Judges', this is not a recognized constitutional body with the mandate described in the question. The primary body involved in recommending appointments and transfers was the Collegium system, and the NJAC was created as an alternative.

The Role of the National Judicial Appointments Commission

The National Judicial Appointments Commission (NJAC) was established via the Constitution (Ninety-ninth Amendment) Act, 2014. Its purpose was to bring transparency and accountability to the process of appointing judges. The NJAC's functions included recommending individuals for appointment as Chief Justice of India, other judges of the Supreme Court, Chief Justices of High Courts, and other judges of High Courts. It also handled the transfer of judges between High Courts.

While the NJAC was eventually declared unconstitutional by the Supreme Court of India in 2015, its creation was specifically aimed at fulfilling the role described in the question. Therefore, among the choices provided, the National Judicial Appointments Commission is the body created for recommending appointments and transfers of judges.

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