The National Judicial Commission has the Chief Justice of India as its Chairperson, two senior most judges of the Supreme Court, the Union Minister of law and Justice and one eminent citizen to be nominated by the President in consultation with the prime minister being the other members. Functionally, the commission makes recommendations for the appointment of judges of the Supreme Court, Chief Justices and the Judges of the Supreme Court.The Commission recommends transfers of justices of the High Courts.
The Chief Justice of the High Court and the Chief Minister of the state shall be associated with the commission in cases of appointments or transfer. The commission may draw up a code of ethics for judges of the Supreme Court and the High Courts. The commission has been vested with the power 'to inquire,' suo motu or on a complaint or reference, into cases of misconduct or such deviant behaviour of a judge other than those calling for hisremoval and advice the Chief Justice of India or the Chief Justice of a High Court appropriately after such inquiry. The commission's procedure is left to itself, but what is the scope of appropriate recommendation in the event of misconduct and deviant behaviour is not specified, except to the extent that the removal of the judge is not within the purview of the commission's function.