The Union Cabinet on Tuesday night decided to set up a National Judicial Commission for appointment of judges of Supreme Court and high courts.

The Commission will be chaired by the Chief Justice of India and comprise two senior most judges of the Supreme Court, the law minister and an eminent citizen, possibly a legal luminary, Parliamentary Affairs Minister Sushma Swaraj told reporters after an hour-long meeting of the Cabinet.

At present, Supreme Court judges are appointed by the President after consultations with apex court judges and those from high courts as the President may deem necessary. In case of appointment of a judge other than the Chief Justice of India, he (CJI) is always required to be consulted.

Judges of high courts are appointed by the President in consultation with the Chief Justice of India, the state governor and in case of appointment of a judge other than the Chief Justice, the high court chief justice.

Swaraj said a Bill amending relevant Constitutional provisions for setting up the Commission would be introduced in the current session of Parliament. The Commission would make recommendations for appointment of Supreme Court and high court chief justices and judges of high courts and transfer of chief justices and judges of high courts.

"The advice of the Commission will normally be accepted by the President. If its advice is not accepted, it would be for reasons to be recorded in writing, which would be conveyed to the Commission," she said. "It shall suo motu or on a complaint/ reference, inquire into cases of misconduct or such defiant behaviour of judges other than those calling for his removal and advise the Chief Justice of India or the chief justice of a high court after such inquiry. The Commission would be free to frame its procedure for deciding these matters."

She said no person who is not recommended by the Commission would be appointed as a judge. The minister said the President would nominate the eminent citizen in the five-member Commission for three years on the advice of the prime minister. She said the decision to set up the new Commission was also based on the recommendations of the Constitution Review Commission headed by former Chief Justice of India M N Venkatachaliah, which was established in February, 2000.