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.

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)

Also read: Working Procedure of Parliament

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

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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.

• 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.

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