SUPREME COURT OF INDIA- PART 1

SUPREME COURT OF INDIA: Supreme Court of India is the highest judicial forum and final court of appeal. According to the Constitution of India, the role of the Supreme Court is that of a federal court and guardian of the Constitution.

Composition of Supreme Court

Under Article 124(1) the constitution originally provided for 1 Chief Justice of India and not more than 6 other judges. The constitution authorizes the Parliament to provide by law in fixing the strength of the Supreme Court. The Parliament passed the Supreme Court (Number of Judges) thus accordingly, a Constitutional Amendment Act in 2008 has increased the strength of Supreme Court to 31 (1 Chief Justice + 30 other judges).

Qualification to be a judge of Supreme Court

1. A person must be a citizen of India

2. He/she must have been, for at least five years, a Judge of a High Court or of two or more such Courts in succession

3. Or an Advocate of a High Court or of two or more such Courts in succession for at least ten years

4. Or the person must be, in the opinion of the President, a distinguished jurist.

Appointment of Judges of Supreme Court

While appointing the Chief Justice of India the President may consult such judges of the Supreme Court or High Courts as he deems considers it necessary. Thus this clause does not impose any binding on President.Other Judges of Supreme court are appointed by NJAC( National Judicial Appointment Commission).

Removal of judges of Supreme Court

Article 124(4) provides for the removal of a judge of the Supreme Court. He is removed by the President upon an address by both the Houses of the Parliament supported by a majority of not less

than 2/3rd of members present and voting and a majority of total strength of the House on the ground of misbehaviour or incapacity. The President shall pass the order of removal in the same session

in which the Parliament passed the resolution. Article 124(5) confers the power on the Parliament to provide by law for the procedure for the Presentation of an address and for the investigation for proof of misbehaviour or incapacity of a judge.

Accordingly the Parliament passed Judges (Inquiry) Act 1968 which states that a resolution seeking the removal of a judge of Supreme Court can be introduced in either House of Parliament.