Section 5(2) in The National Judicial Appointments Commission Act, 2014
(2)The Commission shall, on the basis of ability, merit and any other criteria of suitability as may be specified by regulations, recommend the name for appointment as a Judge of the Supreme Court from amongst persons who are eligible to be appointed as such under clause (3) of article 124 of the Constitution:Provided that while making recommendation for appointment of a High Court Judge, apart from seniority, the ability and merit of such Judge shall be considered:Provided further that the Commission shall not recommend a person for appointment if any two members of the Commission do not agree for such recommendation.
