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Appointment and Removal of Judges of Supreme Court – Chief Justice of India, Eligibility

By BYJU'S Exam Prep

Updated on: November 14th, 2023

Appointment of Judges of Supreme Court is discussed under Article 124 of the Indian Constitution. The SC Judges include the Chief Justice of India and up to seven more judges until a larger number is prescribed by legislation by Parliament. The constitution discusses the Appointment and removal of Supreme Court judges, CJI tenure, and other details. The judiciary in India is divided into three levels: the Supreme Court, the High Court, and the Subordinate or District Courts.

The collegium system is highly responsible for the appointment of judges of the Supreme Court. The Supreme Court of India has been delegated as the highest constitutional court by the Constitution of India. The court possesses the authority to present the final decision in all cases apart from the ones that comprise personal laws. The Supreme Court also possesses the right to pursue judicial review in certain cases. The Supreme Court comprises the capacity of 34 judges, having advisory authorities, appellate, broad original advisory, and appellate authorities presided over by the Chief Justice of India. Get the complete details of the eligibility of the judges and the appointment of the judges of the Supreme Court.

Appointment of Judges of the Supreme Court

The Collegium System of India is a system that is in charge of the appointment and transfer of judges in the country. The Three Judges Cases, a group of three decisions by Supreme Court judges that are together known as the Three Judges Cases, serve as the foundation for the Indian Judicial Collegium system, which assigns judges to the country’s constitutional courts. The appointment of judges to the Supreme Court of India is a process that involves multiple steps and stakeholders.

  • A candidate for the position of a Supreme Court judge can be nominated by the Chief Justice of India or by the President of India after consultation with the Chief Justice of India.
  • After the nomination, the Union Minister of Law and Justice seeks the opinion of the Chief Justice of India, as well as other senior judges of the Supreme Court and High Courts.
  • The Ministry of Law and Justice carries out a thorough background check on the candidate, including checking their professional history, integrity, and other relevant factors.
  • Once the candidate has been cleared by the Ministry of Law and Justice and their nomination has been approved by the President of India, the appointment is made official.

Supreme Court Judge Eligibility

According to Article 124(3) of the Indian Constitution, a candidate must meet the following requirements to be appointed as a judge of the Supreme Court of India:

  • He/she is an Indian citizen who has served as a judge on at least 2 separate high courts for 5 years.
  • Or as an advocate on at least 2 separate high courts for at least 10 years.
  • Or who, in the President’s view, is a renowned jurist.

Removal of a Supreme Court Judge

The Indian Constitution also lays out a set of guidelines for the removal of a Supreme Court judge. According to Article 124(4), the Supreme Court judge’s removal rules are as follows:

  • A Supreme Court judge may only be removed from office by an order of the President issued after each House of Parliament passes an address supporting the removal on the grounds of proven inappropriate behavior or incapacity. It is to be presented to the President in the same session.
  • This address must be supported by a majority of the membership of that House as a whole and by a majority of at least 2/3rd of the representatives of that House present and voting.

The presenting of an address and the inquiry and proof of a judge’s misconduct or incapacity under the prior Clause are both subject to legal regulation by Parliament.

According to Prof. Rumki Basu, the following constitutional requirements for determining the court’s autonomy make it abundantly obvious that the judiciary is immune from executive or legislative intervention.

In the constitution itself, there are necessary preconditions for judges. Once appointed, judges are eligible to serve for a full 65 years. They cannot be fired during their term unless misconduct or incapacity is proven.

The removal process is very challenging. Two-thirds of the members present and voting, as well as a majority of the members of both houses of parliament, are required for the motion to pass.

  • The Consolidated Fund of India [CFI] is used to pay for the salaries of the Supreme Court’s judges and other administrative costs; these expenditures are not voted on by Parliament.
  • After retiring, Supreme Court justices are not permitted to represent themselves in court or before anybody within the boundaries of India.

Supreme Court of India

The Supreme Court hears refers largely against decisions made by the High Courts of different states of India and other tribunals and courts as India’s topmost and extremely prominent constitutional court.

  • It is highly necessary to safeguard the fundamental rights of the citizens and to settle conflicts within numerous governmental organizations, comprising those between the state governments and the national government or within states themselves.
  • The Supreme Court is an advisory court, and it also takes into account the cases referred by the President of India directly for consideration under the Constitution.
  • All Indian courts at all levels, as well as the Union and State Governments, must abide by the Supreme Court’s declaration of law.
  • According to Article 142 of the Constitution, the Supreme Court has the inherent authority to issue any orders necessitated in the interest of justice, and it is the responsibility of the President of India to carry out those orders. Since January 28th, 1950, the Supreme Court has taken the position of the Judicial Committee of the Privy Council as the final court of appeal.

Appointment of Judges – Collegium System of India

Collegium System of India is a system that is in charge of the appointment and transfer of judges in the country. The Three Judges Cases, a group of three decisions by Supreme Court judges that are together known as the Three Judges Cases, serve as the foundation for the Indian Judicial Collegium system, which assigns judges to the country’s constitutional courts.

Three Judges’ Cases
Case Year Name
First Judges Case 1982 Union of India v.s S.P.Gupta
Second Judges Case 1993 Union of India v.s SCARA (Supreme Court Advocates- on Record Association)
Third Judges Case 1998 In re Special Reference

The Supreme Court collegium, comprises of the four senior-most judges of the court, is headed by the CJI (Chief Justice of India).

  • The Chief Justice of an HC collegium, together with the other four senior judges of that court, serves as its leader.
  • Only after receiving the CJI and SC collegium’s approval do names proposed for election by an HC collegium reach the government.
  • Only the collegium system is responsible to elect judges of the higher courts. The government becomes associated once the collegium has elected names.

Latest News on Appointment of Judges of Supreme Court

As per the latest news, the centre has cleared the appointment of 5 new Supreme Court judges after the recommendation of the Collegium. The judges will take oath soon and will be officially appointed judges of the Supreme Court.

However, there has been some criticism regarding the appointment process of the Collegium and the centre in recent times. But with this latest appointment of judges, the Supreme Court will again be at full strength of 34 judges.

Chief Justice of India

The Chief Justice of India (CJI) is the head of the Indian judiciary system and the highest-ranking judicial officer in the country. He/she presides over the Supreme Court of India and plays a crucial role in the administration of justice. As per the Indian Constitution, the president of India has the authority to choose the next chief justice. Moreover, the CJI is removed only when they turn 65 or dismissed by the process of impeachment.

  • The Chief Justice of India has important constitutional responsibilities, such as interpreting the Constitution, safeguarding the fundamental rights of citizens, and ensuring the separation of powers among the three branches of government.
  • They also play a key role in the hearing of Public Interest Litigations (PILs), which are cases filed on behalf of the public to address issues of broader public interest.
  • Therefore, the Chief Justice of India is a key figure in the Indian judicial system who has a range of responsibilities, including overseeing the administration of the judiciary, presiding over court proceedings, interpreting the Constitution, and safeguarding the fundamental rights of citizens.
UPSC Notes
Ad-Hoc Judges Difference Between Judge and Magistrate
Important Supreme Court Judgements Jurisdiction of Supreme Court
Difference Between Supreme Court and High Court Powers and Functions of High Court
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