The Indian constitution has established an integrated judicial system with the supreme court at the top and the high court below it. The supreme court of India was inaugurated on 28 January 1950. Article 124 to 147 in part v of the Indian constitution deals with the organization, independence, jurisdiction power, and procedure of the supreme court. The parliament is also authorized to regulate them.

Understanding the Appointment Process

The appointment of judges in the Supreme Court is a crucial aspect of maintaining a fair and efficient judicial system in India. The process of appointing judges is outlined in the Indian Constitution, specifically Article 124. Let's delve deeper into the intricacies of this process.

The Role of the President

According to the Constitution of India, the President plays a significant role in the appointment of judges. The Chief Justice of India (CJI) is appointed by the President after consultation with the judges of the Supreme Court. Similarly, other judges of the Supreme Court are appointed by the President in consultation with the CJI and other judges of the Supreme Court.

Evolution of the Consultation Process

Over the years, the interpretation of the term "consultation" has evolved through landmark judgments. In the First Judges Case, the court held that consultation does not mean concurrence but merely an exchange of views. However, in the Second Judges Case, the court reversed its earlier ruling and stated that the advice tendered by the CJI is binding on the President. The Third Judges Case further clarified that the consultation process requires the CJI to consult a collegium of four senior-most judges of the Supreme Court.

Collegium System and its Controversies

The collegium system is a unique feature of the Indian judicial system, where the appointments and transfers of judges are decided by a forum consisting of the CJI and the four senior-most judges of the Supreme Court. This system evolved through a series of judgments known as the "Three Judges Cases."

However, the collegium system has faced criticism due to certain systemic errors. Critics argue that the system lacks transparency, as appointments and transfers are made behind closed doors without a formal and transparent mechanism. Additionally, the system's focus on seniority overlooks talented junior judges and advocates.

The National Judicial Appointments Commission (NJAC)

To address the shortcomings of the collegium system, the 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014 aimed to replace the collegium system with the NJAC. The NJAC would have consisted of the CJI, two senior-most judges of the Supreme Court, the Union Law Minister, and an eminent citizen nominated by the President. However, in 2015, the Supreme Court declared both acts unconstitutional, reverting to the collegium system.

Qualifications for Supreme Court Judges

The Indian Constitution sets certain qualifications for individuals aspiring to be appointed as judges of the Supreme Court. These qualifications are outlined in Article 124(3) of the Constitution. Let's take a closer look at these qualifications.

Citizenship and Judicial Experience

To be eligible for appointment as a judge of the Supreme Court, an individual must be a citizen of India. Furthermore, they should have served as a judge of a High Court for at least five years, or two or more High Courts in succession. Alternatively, they should have been an advocate of a High Court for at least ten years, or two or more High Courts in succession.

Distinguished Jurist

In addition to the above qualifications, an individual can also be appointed as a judge of the Supreme Court if they are deemed a distinguished jurist in the opinion of the President. This provision allows for the appointment of individuals with exceptional legal expertise and contributions to the field of law.

Removal of Supreme Court Judges

The Indian Constitution provides a set of regulations for the removal of judges from the Supreme Court. Article 124(4) outlines the removal process, which can only be initiated by an order of the President. Let's understand the procedure for the removal of judges.

Grounds for Removal

A judge of the Supreme Court can only be removed from office on the grounds of proved misbehaviour or incapacity. These grounds must be established through an investigation and proof of misconduct or incapacity.

Parliamentary Process

The removal process requires an address by each House of Parliament, supported by a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting. Parliament has the authority to regulate the procedure for presenting the address and investigating and proving the misbehaviour or incapacity of a judge.

Post-Retirement Restrictions

After retirement, a judge of the Supreme Court is prohibited from practicing law in any court in India or pleading before any government authority. This restriction ensures that retired judges maintain their independence and impartiality while upholding the integrity of the judiciary.

Conclusion

The appointment of judges in the Supreme Court of India is a critical process that ensures the fair and efficient functioning of the judicial system. The consultation process, the qualifications for judges, and the removal procedures are all carefully outlined in the Indian Constitution. While the collegium system has faced criticism, it remains the operative method for judicial appointments. As the Indian judicial system continues to evolve, it is essential to strike a balance between judicial independence and transparency in the appointment of judges.

By understanding the appointment and removal processes of judges in the Supreme Court, aspiring legal professionals can gain valuable insights into the functioning of the Indian judiciary. To stay updated on such crucial updates, Legalstix Law School offers comprehensive courses and resources designed to equip law students with the knowledge and skills necessary for success in the legal field. Join Legalstix Law School today and embark on your journey towards a fulfilling legal career.

This article is for informational purposes only and does not constitute legal advice. Please consult with a qualified legal professional for specific questions related to the appointment and removal of judges in the Supreme Court of India.

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