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History & Civics

With reference to the composition and organisation of the Supreme Court, explain the following:

(a) Manner of Appointment of the Judges

Or

Who appoints the judges of the Supreme Court? What procedure needs to be followed in appointing the Judges?

(b) Qualifications for appointment as a Judge

(c) Term of Office of Judges

Supreme Court

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Answer

(a) Every Judge of the Supreme Court is appointed by the President after consultations with some of the Judges of the Supreme Court and of High Courts as the President might deem necessary.

  1. But while appointing a Judge other than the Chief Justice, the Chief Justice of India (CJI) is always consulted.
  2. The CJI is required to consult the four senior most judges of the Supreme Court before making any recommendation to the President of India in this regard.
  3. This came to be known as the Collegium System which allows a college of persons (judges) to appoint judges.

(b) A Judge of the Supreme Court must be a citizen of India, and

  1. must have been for at least five years a Judge of a High Court or of two or more such Courts or
  2. an advocate of a High Court or of two or more such courts for at least ten years; or
  3. must be, in the opinion of the President, a distinguished Jurist.

(c) Once appointed, a judge retires on attaining the age of 65 years.

  1. A judge may be removed from his office by the President on the ground of proved misbehaviour or incapacity.
  2. But that is possible only when an Address of each House of Parliament (passed by a majority of the total membership of that House and by majority of not less than two-thirds of the members present and voting) has been presented to the President.

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