Functions of the Commission (Struck Down)
Official heading: “Functions of Commission”
Part of the 99th Amendment struck down for compromising judicial independence.
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 124B, printed page 59
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.
1. In One Sentence
Article 124B prescribed the duties of the National Judicial Appointments Commission to recommend appointments and transfers of higher judiciary judges, but was invalidated alongside the NJAC in 2015.
2. What It Means in Everyday Language
Article 124B was enacted as part of the Ninety-ninth Amendment package to define the official functions of the National Judicial Appointments Commission.
Its provisions directed the Commission to recommend persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices and Judges of High Courts, recommend judicial transfers between High Courts, and ensure that persons recommended possessed ability and integrity.
Alongside Article 124A, this entire provision was declared unconstitutional and void by the Supreme Court in Supreme Court Advocates-on-Record Association v. Union of India (2016) for violating the basic structure of the Constitution.
The pre-existing consultative collegium framework continues to govern all judicial recommendations and transfers.
3. Practical Illustrative Example
A High Court judge is proposed for transfer to another State High Court.
4. Important Limits, Qualifications & Exceptions
Article 124B is an invalidated provision detailing the proposed administrative functions of the NJAC.
- Proposed mandate for judicial appointments and inter-state High Court transfers.
- Struck down by the Supreme Court on 16 October 2015.
- No current legal or operational effect in Indian jurisprudence.
5. Historical constitutional wording — not operative
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 124B, printed page 59 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.