QUALIFICATION
OF SC JUDGE - POLITY
News:
Who is eligible to be a
Supreme Court judge?
What's
in the news?
●
The President of India appointed eight
High Court Judges and one Senior Advocate as Judges of the Supreme Court of
India.
Key
takeaways:
●
No 'Distinguished Jurist' was appointed to
the Supreme Court yet by the President of India.
Appointment
of Supreme Court Judges:
1. Composition and Strength of the Supreme Court:
●
The
Number of Judges (Supreme Court) Act prescribes the strength
of the Supreme Court as 34 judges (one chief justice and 33 others).
2. Qualifications:
●
According to Article 124(3) of the
Constitution, a person can be appointed as a judge of the Supreme Court if he
or she:
○
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, 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.
3. Appointment:
●
Under Article
124(2) of the constitution, Supreme Court Judges are appointed by the
President.
●
The President consults with judges of the
Supreme Court and High Courts to make informed appointments.
4. Tenure:
●
A judge of the Supreme Court serves until
they reach the age of 65 years.
●
The Constitution didn't prescribe any
minimum age for the qualification as Supreme Court judge.
5. Resignation:
●
Judges can resign from their office by
writing to the President.
6. Removal:
●
A judge of the Supreme Court can only be
removed from office by an order of the President.
●
The removal process requires an address by
each House of Parliament, supported by a special majority i.e., a majority of
the total membership of that House and a majority of not less than two-thirds
of the members present and voting.
●
The grounds for removal are proven misbehaviour
or incapacity.
7. Salary & Allowance:
●
Salaries, allowances, privileges, leave
and pension of Supreme Court judges are determined by Parliament.
●
The Salaries, Pension and Allowances of
the Supreme Court Judges are charged upon the Consolidated Fund of India.
8. Collegium system:
●
Supreme Court Collegium recommends names
for the Judges to the government.
●
Law minister forwards the recommendation
to the Prime Minister and if the PM agrees to these names, then he recommends
the President to appoint them as judges.
●
The collegium,
consisting of the Chief Justice of India and the four senior-most judges of the
Supreme Court, decides on appointments, elevations and transfers of Judges.
●
The Collegium System was established by
the ruling of the Supreme Court.
Further
Reference - Appointment of HC Judges