Supreme Court – India

“Independent Judiciary → Sine – Qua – Non of Democracy (Absolutely needed)”

Exist to see that laws made by legislature are intra vires (with the constitution)
At the apex lie SC → Custodian & interpreter of constitution
Originally 1 CJ & 7 judges, but at present 1 CJ & 30 Judges

Appointment & Transfer of Judges – By National Judicial Appointments Commission

Composition of the NJAC – 6 members

Chief Justice of India (Chairperson, ex officio)
Two other senior judges of the Supreme Court next to the Chief Justice of India – ex officio
The Union Minister of Law and Justice, ex-officio
Two eminent persons (one of which would be from the SC or ST or OBC or Minority communities or a woman), for 3 years, not eligible for re-nomination, to be nominated by a committee consisting of:

Chief Justice of India

Prime Minister of India

Leader of opposition in the Lok Sabha (where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha)

Functions of the Commission

Recommending persons to president for appointment as

Chief Justice of India,

Judges of the Supreme Court,

Chief Justices of High Courts and other Judges of High Courts.

Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court
Ensuring that the persons recommended are of ability and integrity.

What is NJAC

Eligibility Criteria of Supreme Court Judges

Citizen of India
Judge of HC for atleast 5 years in succession / advocate of HC for atleast 10 years in succession
A distinguish jurist in opinion of President (a highly qualified academia / law professor)

Tenure of Supreme Court Judges

65 years for Supreme Court Judge
3 years more than that of High court Judge

Salary of Supreme Court Judges

Chief Justice →1 lakh
Other Judges → 90,000
From consolidated fund of India

Removal of Supreme Court Judges

By order of President, after an address in each house of parliament, supported by a majority of total membership of the house & passed by a resolution supported by not less than 2/3^rd of the members present & voting.

Lok Sabha	A motion can be preferred before the house if signed by 100 members
Rajya Sabha	A motion can be preferred before the house if signed by 50 members

Only on grounds of proven misbehaviour or incapacity
Only after giving 14 days prior notice to said Judge against whom the motion is passed
A 3 persons judicial committee is formed headed by serving judge of SC + 2 others from (SC or HC or eminent jurists)
Report of same must be passed by both the houses & President.

Acting CJ & Ad Hoc Judges

Appointment of Acting CJ → By President if CJ is ill or incapable to serve

Appointment of Ad-hoc Judges

IF there is lack of quorum of Judges of SC to hold or continue any session in court, CJ of India with previous consent of President & after consultation with CJ of HC concerned, request in writing the attendance of judges to sit in SC as ad-hoc judges for certain period (Judges shall be qualified to be judges of SC)
Retired judges of SC can sit in SC as adhoc Judges on request of CJ after consent of President, provided they fulfill the criteria of SC

Note

Criminal proceedings initiation against a judge of SC or HC requires CJs consent.
After retirement, a Judge of SC is prohibited from practising or acting as a judge in any court.