The Supreme Court is the highest judicial authority of India. It consists of the Chief Justice
and 25 other judges. The Parliament may increase the number of judges if it deems
necessary. To begin with, besides the Chief Justice, there were only 7 other judges. The
Parliament has increased the number of judges from time to time. As in 2005, there are 25
judges besides the Chief Justice who is also called the Chief Justice of India.
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
Justice 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, if he deems proper.
Whenever there is vacancy or a likely vacancy in the Supreme Court, the Chief Justice
and four other senior most judges consider various names and recommend the names of
the persons to be appointed as judges of the Supreme Court. This system is based on a
ruling of the Constitutional Bench of a Supreme Court (handed down in 1993 and reinforced
in 1999). Thus, while the Constitution still provides that the President is the appointing
authority of the Supreme Court judges, the ruling of the Supreme Court, has since 1999,
become virtually binding on the President. The power of selection of judges has passed on
to a group of Supreme Court judges, called the Collegium of the Court. The President now performs the formality of appointing the nominee of the Supreme Court, after the Law
Ministry formally recommends these names to him.
and 25 other judges. The Parliament may increase the number of judges if it deems
necessary. To begin with, besides the Chief Justice, there were only 7 other judges. The
Parliament has increased the number of judges from time to time. As in 2005, there are 25
judges besides the Chief Justice who is also called the Chief Justice of India.
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
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| SUPREME COURT OF INDIA |
Justice 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, if he deems proper.
Whenever there is vacancy or a likely vacancy in the Supreme Court, the Chief Justice
and four other senior most judges consider various names and recommend the names of
the persons to be appointed as judges of the Supreme Court. This system is based on a
ruling of the Constitutional Bench of a Supreme Court (handed down in 1993 and reinforced
in 1999). Thus, while the Constitution still provides that the President is the appointing
authority of the Supreme Court judges, the ruling of the Supreme Court, has since 1999,
become virtually binding on the President. The power of selection of judges has passed on
to a group of Supreme Court judges, called the Collegium of the Court. The President now performs the formality of appointing the nominee of the Supreme Court, after the Law
Ministry formally recommends these names to him.
Qualifications, Tenure and Removal of Judges
A person is qualified for appointment as a judge only he/she is a citizen of India and if he/
she fulfils one of the following conditions:
a) he/she has been for at least five years a Judge of as High Court or two or more than
two such courts; or
b) he/she has been for at least ten years an advocate of a High Court or of two or more
than two such courts; or
c) he/she is, in the opinion of the President, a distinguished jurist.
The Chief Justice of India and other judges of the Supreme Court hold office till they attain
the age of 65 years. A judge may voluntarily resign before expiry of his term. In exeptional
cases a Supreme Court judge may be removed before the age of retirement, according to
the procedure laid down in the Constitution. Thus a judge of the Supreme Court can be
removed from office by an order of the President passed after an address by each House
of the Parliament supported by a majority of total membership of the House and not less
than two-third majority of the members of the House present and voting, passed in the
same session, has been presented to the President for such removal on the ground of
proved misbehavior or capacity. So far, proceedings for removal were initiated only in one
case against a judge of the Supreme Court. But he/she could not be removed because the
resolution could not be passed by the Parliament. It is clear that Supreme Court judges
enjoy security of tenure, and the executive cannot arbitrarily remove them.
No person who has held office of a judge of the Supreme Court is allowed to plead as an
advocate in any court or before any authority within the territory of India.
The judges of the Supreme Court are paid such salaries as are determined by the Parliament
from time to time.
she fulfils one of the following conditions:
a) he/she has been for at least five years a Judge of as High Court or two or more than
two such courts; or
b) he/she has been for at least ten years an advocate of a High Court or of two or more
than two such courts; or
c) he/she is, in the opinion of the President, a distinguished jurist.
The Chief Justice of India and other judges of the Supreme Court hold office till they attain
the age of 65 years. A judge may voluntarily resign before expiry of his term. In exeptional
cases a Supreme Court judge may be removed before the age of retirement, according to
the procedure laid down in the Constitution. Thus a judge of the Supreme Court can be
removed from office by an order of the President passed after an address by each House
of the Parliament supported by a majority of total membership of the House and not less
than two-third majority of the members of the House present and voting, passed in the
same session, has been presented to the President for such removal on the ground of
proved misbehavior or capacity. So far, proceedings for removal were initiated only in one
case against a judge of the Supreme Court. But he/she could not be removed because the
resolution could not be passed by the Parliament. It is clear that Supreme Court judges
enjoy security of tenure, and the executive cannot arbitrarily remove them.
No person who has held office of a judge of the Supreme Court is allowed to plead as an
advocate in any court or before any authority within the territory of India.
The judges of the Supreme Court are paid such salaries as are determined by the Parliament
from time to time.
A Court of Record
The Supreme Court is a Court of Record. It has two implications. All its decisions and
judgments are cited as precedents in all courts of the country. They have the force of law
and are binding on all lower Courts, and indeed the High Courts. As a Court of Record, the
Supreme Court can even send a person to jail who may have committed contempt of the
court.
contd......
judgments are cited as precedents in all courts of the country. They have the force of law
and are binding on all lower Courts, and indeed the High Courts. As a Court of Record, the
Supreme Court can even send a person to jail who may have committed contempt of the
court.
contd......
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