The Supreme Court of India

The Supreme Court of India

The Supreme Court

  • The Indian Constitution establishes an integrated judicial system with the Supreme Court at the top, High Courts below it, followed by subordinate courts.
  • Constitutional provisions related to the Supreme Court are contained in Part V from Article 124 to 147.

Composition and Structure

  • Initially, there was a Chief Justice and seven other Judges in the Supreme Court.
  • Currently, the number has increased to 34 Judges, including the Chief Justice of India (as of 2019, due to the Supreme Court (Number of Judges) Amendment Bill).
  • Parliament has the power to increase the number of Supreme Court Judges according to needs and circumstances.

Chief Justice of India

  • The Chief Justice of India (CJI) is the highest judicial officer of the country.
  • The nature of work of CJI is largely administrative and includes allocating work amongst the judges of the Supreme Court.

Acting Chief Justice of India

  • Under Article 126, when the office of Chief Justice of India is vacant or when the Chief Justice is unable to perform the duties of his office, the duties shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.

Appointment of Supreme Court Judges

  • The Judges of the Supreme Court are appointed by the President.
  • The Chief Justice is appointed by the President after consultation with such Judges of the Supreme Court and High Court as deemed necessary.
  • The other judges are appointed by the President after consultation with the Chief Justice and such other judges of the Supreme Court and High Courts as deemed necessary.
  • The consultation with the Chief Justice is obligatory in the case of appointment of a judge other than the Chief Justice.

Qualifications for Supreme Court Judges

  • A person shall not be qualified for appointment as a Judge of the Supreme Court unless he/she:
    • Is a citizen of India; and
    • Has been for at least five years a judge of a High Court or two such Courts in succession; or
    • Has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or is, in the opinion of the President, a distinguished jurist.
  • Every person appointed to be a Judge of the Supreme Court shall, before entering office, make and subscribe before the President an oath or affirmation according to the form set out in the Third Schedule of the Constitution.
  • The Constitution does not prescribe a minimum age limit for a judge to occupy his/her office.
  • A Judge of the Supreme Court continues to hold office till he/she attains the age of 65 years.
  • A Judge of the Supreme Court may tender his/her resignation to the President even before reaching the age of 65 years.
  • A Judge of the Supreme Court, after retirement, shall not practice law in any court in the territory of India and shall not plead before any authority under the Government.
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