Qualifications, Appointment, Tenure & Removal of Supreme Court Judges
Article 124 of the Indian Constitution provides for the establishment and constitution of Supreme Court of India, which is the apex court of India. It was established on 28th January, 1950 that is two days after the commencement of the Constitution.
Article 124(1) - "There shall be a Supreme Court of India consisting of a chief Justice of India and, until Parliament by law prescribes a large number, of not more than seven other Judges."
The Parliament is competent to increase the number of judges if it deems necessary. To begin with, besides the Chief Justice, there were only seven Judges. The Parliament has increased the number of Judges from time to time. As in 2014, there are 29 judges besides the Chief Justice who is also called the Chief Justice of India. The sanctioned strength of the judges is 31, consisting of the Chief Justice and 30 other Judges.
Appointment of Judges :-
The Chief Justice and other Judges of the Supreme Court are appointed by the president of India. While appointing the Chief Justice, the President is constitutionally required to consult such other Judges of the Supreme Court as he deems proper, but outgoing Chief is always consulted. Normally, the senior most Judge of the Supreme Court is Appointed as the Chief Justice of India, although there is no constitutional requirement to do so. While appointing other Judges, the President is bound to consult the Chief Justice and other senior Judges of the Supreme Court and High Courts, if he deems proper.
Qualification for appointment as a judges of the Supreme Court:-
A person to be qualified for appointment as a judge of the Supreme Court must:
- Be a citizen of India; and
- Has been a Judge of a High Court or two or more such courts in succession for at least 5 years ; or
- Has been an Advocate of a High Court or one or more such courts in succession for at least 10 years; or
- A distinguished justice in the opinion of the President.
Tenure and Removal of the Judges of Supreme Court:-
A Judge of the Supreme Court vacates his office on attaining the age of 65 years or by registration addressed to the President or by removal by the President upon a resolution passed by both Houses of Parliament. A Judge of the Supreme Court does not hold office during the pleasure of the President. In exceptional cases, he may be removed before the age of retirement, according to the procedure laid down in the Constitution. He can be removed from office by an order of the President, passed after an address by each Houses of the Parliament supported by a majority of total membership of the House not less than two-third majority of the members of each House present and voting, passed in the same session, has been presented to the President. The ground for such removal can be 'proved misbehavior or incapacity only. Further, Parliament under Article 124(5) may by law regulate the procedure for the removal of judges of the Supreme Court.
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