Home The Constitution Part V Article 124B

Art. 124B Part V: The Union

Functions of the National Judicial Appointments Commission

Exact text — Constitution of India

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. [Added by the 99th Amendment, 2014; struck down as unconstitutional by the Supreme Court in 2015]

In Plain English

What this Article actually means

This companion Article to 124A defined the (now defunct) NJAC's specific functions — recommending judicial appointments and transfers across the Supreme Court and High Courts — but shares the same fate as 124A, struck down by the Supreme Court's 2015 ruling and now legally inoperative despite remaining in the text.

Why This Matters To You

How it shows up in everyday life

Like Article 124A, this is a striking illustration of the limits of Parliament's amending power under the basic structure doctrine — even a properly, procedurally enacted constitutional amendment can be nullified by judicial review if it crosses into territory the Court considers part of the Constitution's unamendable core.

Read alongside this one

Art. 124a — National Judicial Appointments Commission (Struck Down)

Frequently Asked

Quick answers about Article 124B

Why wasn't this Article formally removed from the Constitution's text after being struck down?

Formally removing struck-down constitutional text requires a further constitutional amendment through Parliament, which hasn't been pursued — the text remains as a historical/legal record even though it has no binding legal effect following the Court's ruling.

← PreviousArticle 124A: National Judicial Appointments Commission Next →Article 124C: Power of Parliament to Make Law

The text above reproduces Article 124B of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.