Context:
The Constitution’s framers debated the best way to appoint judges, balancing the sovereign function of making judicial appointments with ensuring the autonomy of the courts.
Structure and Composition of the Supreme Court
- Initially, it consisted of eight judges, but currently, it comprises 34 judges.
- Eligibility
- Should be an Indian citizen, has been a judge of a High Court for five years or more, or of two or more High Courts in succession, or has been an advocate of a High Court for ten years or more or of two or more High Courts in succession.
- Must be a distinguished jurist in the opinion of the president.
- Appointment
- Judges are appointed by the President under clause (2) of Article 124 of the Constitution.
- The President consults with judges of the Supreme Court and High Courts to make informed appointments.
- Oath of Office
- Every appointed judge must make and subscribe to an oath before the President or an appointed person.
- The oath includes commitments to uphold the Constitution, sovereignty and integrity of India, and perform duties without fear or favor.
- Tenure and Resignation
- There is no fixed minimum age for the appointment of a judge.
- Judges serve till they attain 65 years of age.
- Resigned judges can be recalled to sit and function as the Supreme Court judge by the Chief Justice of India with the previous approval of the President.
- Removal
- The judges of the Supreme Court can be removed from office only through an order of the President.
- The removal of the judge requires an address by each House of Parliament, supported by a Special majority.
- A special majority is a voting method in the Indian Parliament that requires a majority of two-thirds of the members present and voting, and support from more than half of the total membership of the house.
- Collegium System for judicial appointments
- High court judges are appointed through collegium.
- The term ‘collegium’ is nowhere mentioned in the Indian Constitution. It has evolved through judicial decisions.
Previous Year Questions
Mains
Q) Critically examine the Supreme Court’s judgment on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (2017)
Prelims
Q) Consider the following statements:(2019)
(1) The 44th Amendment to the Constitution of India introduced an article placing the election of the Prime Minister beyond judicial review
(2) Supreme Court of India struck down the 99th amendment to the Constitution of India as being violative of the independence of the judiciary
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
