Advertisement

Responsive Advertisement

Appointment, Qualification, Seats etc.. of Supreme Court Judges

Why in News

  • Recently, the president of India has signed warrants of appointment within days of the five-member Collegium recommending eight High court Judges, Including three women, Supreme court and a lawyer for elevation.
  • It is nearly two years since supreme court appointments were made.
  • The strength of the bench goes up to 33, in a court that has a sanctioned complement of 34 Judges.
  • Newly appointed nine judges are:-
    • Chief Justice of High court
      • Justice Abhay Oka(Karnataka)
      • Justice Vikram Nath(Gujarat)
      • K.K Maheshwari(Sikkim)
      • Hima Kohli(Telangana)
    • Four High Court Judges:-
      • Justice B.V. Nagarthna(Karnatka)
      • Justice Bela Trivedi(Gujarat)
      • Justice C.T. Sivakumar(Kerala)
      • Justice M.M. Sundaresh(Tamil Nadu)
    • Advocate P. Narasimha

Supreme Court of India

Established in:- 28 January 1950

Strength of Judges:- 33+1

Part V:- Article 124 to 147

Article 124:- Establishment and constitution of Supreme Court

Article 130:- Seat of Supreme court

Appointment of Judges

  • The Judges of the supreme court are appointed by the president after consultation with the CJI and such other judges of the supreme court and the high court as deems necessary.
    • Second Judges case(1993):-
      • The advice tendered by the Chief Justice of India is binding on the president in the matters of appointment of the judges of the Supreme Court. But, the Chief Justice would tender his advice on the matter after consulting two of his senior most colleagues.
    • Third Judges case(1998):- 
      • The court opined that the consulation process to be adopted by the chief justice of India requires consulation of plurality judges.
        • He should consult a collegium of four senior most judges of the supreme court and even if two judges give and adverse opinion, he should not send the recommendation to the government.
    Collegium of Judges
    • It is a system under which appointments and transfers of Judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court.
    • It has no place in the India Constitution.
    • In 2015, The supreme court of India Struck down the 99th constitutional amendments act . Which replace the collegium system of appointing judges to the supreme courts and high courts.
      • Present members of Collegium
        • N.V. Ramana
        • Uday Umesh Lalit
        • Ajay Manikrao Khanwilkar
        • D.Y. Chandrachud
        • L.Nageswara Rao
    Qualification of Judges
    • He should be a citizen of India.
    • He should have been a Judge of a High Court for five years
        • or He should have been an advocate of a High court for ten years.
        • or He should be a distinguished jurist in the opinion of the president.
    • There is no minimum age for a judge of the supreme court.
    Tenure of Judges
    • He holds office until he attains the age of 65 years.
    • He can resign his office by writing to the president.
    • He can be removed from his office by the president on the recommendation of the parliament.