Article 124C of CoI : Article 124C: Power of Parliament to make law.

Explanation using Example

Example 1:

Scenario: The Parliament of India decides to create a new law to streamline the appointment process of the Chief Justice of India (CJI) and other judges of the Supreme Court.

Application: Under Article 124C, the Parliament enacts a law that establishes a Judicial Appointments Commission. This Commission is tasked with creating a transparent and efficient procedure for selecting the CJI and other judges. The law specifies that the Commission will include members from the judiciary, executive, and eminent legal experts. The Commission is also given the authority to draft regulations detailing the selection criteria, interview processes, and timelines for appointments.

Outcome: This new law ensures that the appointment process is more structured and less prone to delays or controversies, thereby enhancing the efficiency and credibility of the judiciary.

Example 2:

Scenario: A new regulation is needed to address the increasing backlog of cases in the High Courts across India.

Application: Utilizing the power granted by Article 124C, the Parliament passes a law that empowers the Judicial Appointments Commission to create specific regulations for appointing additional judges to the High Courts. The Commission decides that retired judges with a proven track record of efficiency and integrity can be reappointed on a contractual basis to help clear the backlog. The regulations also include provisions for periodic performance reviews and mandatory retirement ages.

Outcome: The additional appointments help reduce the backlog of cases, ensuring faster delivery of justice. The performance reviews and contractual nature of the appointments maintain high standards of judicial conduct and efficiency.