Title : APPOINTMENT AND REMOVAL OF SC JUDGES

Date : Nov 27, 2021

Description :

GS II

 

Topic à Judiciary

 

• The following are the rules for appointing a Supreme Court Judge according to the Indian Constitution:

 

• Every Supreme Court Judge shall be appointed by the President by warrant under his hand and seal after consultation with such Supreme Court and High Court Judges in the States as the President may deem essential for the purpose, and shall serve until he reaches the age of 65.
• The Supreme Court ruled that the President's consultation with the Chief Justice is not legally binding. The Court, on the other hand, ruled that consultation should be effective.
• The Supreme Court concluded in Supreme Court Advocates-on-Record Association vs Union of India 1993 that the Chief Justice's opinion is binding on the President, and that the CJI must consult two of the most senior judges while advising the President.
• The CJI has exclusive authority to begin the process of appointing Supreme Court judges. In the event of a disagreement between the CJI and the President, the CJI's viewpoint will take precedence.
• The President sought the court's view on key matters concerning the nomination of Apex Court Judges and the transfer of High Court Judges in July 1998.
• The 11th Presidential Reference requested clarification on some questions about the Chief Justice of India's consultation process, as provided in the 1993 case dealing to judge appointment and transfer opinions.

 

• The essence of the matter is as follows:

 

• The President is required to consider the CJI's opinion when making judicial nominations.
• The Government is bound by the CJI's decision. The CJI's opinion must be formed after extensive consultation with a collegium of at least four Supreme Court senior justices.
• He should not convey the suggestion to the government even if two judges are against it.

 

• Criteria for Supreme Court Judge Eligibility:

 

• According to Article 124 [3] of the Indian Constitution, a person must meet the following qualifications in order to be appointed to the Supreme Court of India:

 

• He or she is an Indian citizen who has served as a Judge of a High Court or two or more such Courts in succession for at least five years; or has served as an advocate of a High Court or two or more such Courts in succession for at least ten years; or is, in the opinion of the President, a distinguished jurist.

 

• Process of removal of SC Judges:

 

• The Indian Constitution also stipulates a series of rules for the removal of Supreme Court judges. The following are the Supreme Court judge's removal regulations, as stated in Article 124(4):

 

• A Supreme Court judge may not be removed from office unless the President issues an order after 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 of that House present and voting, has been presented to the president in the same session for such removal on the ground of proven misbehaviour or incapacity.
• The procedure for presenting an address, as well as the inquiry and verification of a Judge's misbehaviour or incapacity under the prior Clause, may be regulated by law by Parliament.

 

• Way Forward:

 

• Prof. Rumki Basu contends that the constitutional provisions governing the court's independence make it abundantly obvious that the judiciary is immune from executive and parliamentary intervention, as stated in the following:
• The constitution establishes the minimum qualifications for a judge.
• Judges can serve for a total of 65 years after being appointed. They can't be fired during their term unless there's evidence of misbehaviour or incapacity.
• The removal method is far too complex. The motion must be supported by a majority of all members of both chambers of Parliament, as well as two-thirds of those present and voting.
• Judges' salaries and the Supreme Court's administrative expenses are deducted from the Consolidated Fund of India [CFI] and are not subject to Parliamentary approval.
• After retirement, Supreme Court judges are not allowed to plead or act in any court or before any authority in India.

 

• Source à The Hindu à 27/11/21 à Page Number 10

Tags : Article 124(4), Article 124 [3]