Supreme court Judges
Context:
Recently, the Union government on Tuesday notified the appointment of Justice Manmohan, the Chief Justice of the Delhi High Court, as a judge of the Supreme Court.
Relevance:
GS-02 (Indian Polity)
Supreme court judges:
- Currently, the Supreme Court has 34 judges, including the Chief Justice of India. Originally, the number was eight, including the Chief Justice.
- Article 124(3) prescribes the qualifications required for a Supreme Court judge:
- A person must be a citizen of India.
- Must have served as a judge of a high court for at least five years or two such courts in succession.
- Alternatively, she must have been an advocate of a high court for at least ten years or two or more such courts in succession.
- Must be a distinguished jurist, in the opinion of the president.
- Appointment: The President appoints the judges in consultation with the judges of the Supreme Court and the High Courts.
- Tenure: There is no specific minimum age prescribed for the appointment of the judges’. However, the judge of the Supreme Court serves until they reach the age of 65 years.
- Resignation: A judge may resign by writing to the President of India.
- Post-retirement, a judge of the Supreme Court is prohibited from practicing law in any court in India or pleading before any government authority.
- However, under Article 128, a retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
Constitutional provisions:
- Article 124: Supreme Court judges should be appointed by the President after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary. The CJI is to be consulted in all appointments except his or her own.
- Article 217: High Court judges should be appointed by the President after consultation with the CJI and the Governor of the state. The Chief Justice of the High Court concerned too should be consulted.
About the Chief Justice of India (CJI)
- The Chief Justice of India (CJI) holds a prominent role in India’s judiciary, with specific qualifications, appointment procedures, and powers. Recent legal developments have brought further transparency to the office.
- Qualifications: To be appointed as CJI, a candidate must:
- Be a citizen of India.
- Have either served as a judge in a high court for at least five years, practiced as an advocate in a high court for at least ten years, or, in the president’s opinion, been a distinguished jurist.
- Appointment Process
- The CJI and other Supreme Court (SC) judges are appointed by the President under Article 124(2).
- The outgoing CJI recommends the next CJI, whose name is forwarded by the Union Law Minister to the Prime Minister and then to the President.
- As per the Second Judges Case (1993), the senior-most Supreme Court judge is typically appointed as CJI.
- The SC’s collegium, led by the CJI and including four senior-most judges, manages judicial appointments and transfers—a system shaped by SC judgements rather than legislative acts.
Removal:
- Article 124(4): The CJI and other Supreme Court judges can only be removed by the President following a parliamentary address supported by a special majority in both houses, based on “proven misbehaviour” or “incapacity.”.
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