How Supreme Court Judges are Appointed in India? Eligibility Criteria, Removal & Collegium System

Supreme Court Judges: Supreme Court judges in India are the highest-ranking judicial officers, responsible for interpreting the Constitution and ensuring the rule of law. They play a crucial role in adjudicating significant legal and constitutional matters that affect the country. Appointed by the President based on recommendations from the Collegium system, judges serve until the age of 65. Their decisions are final and can only be overturned by a larger bench or through constitutional amendments.

Supreme Court Judges Appointment in India

• The Collegium recommends the names of judges for appointment based on their experience, qualifications, and merit.
• Under clause (2) of Article 124 of the Constitution, the President appoints the Supreme Court Judges based on the advice of the Collegium.
• Originally, the Supreme Court had 8 judges including one chief justice and 7 judges.
• The current strength of the Supreme Court is 34 judges, including 1 chief justice and 33 other judges.
• Once the judges are appointed, they are required to subscribe to an oath before the President or an appointed person. The oath dictates commitment to uphold the Constitution, integrity, sovereignty, and perform the duties honestly and faithfully.

How to Become A Judge in India

Eligibility Criteria for Supreme Court Judge

• The person must be a citizen of India.
• The person must have been a Judge of a High Court for at least 5 years or two or more courts in succession.
• Alternatively, he/she must be an advocate of a High Court or two or more courts in succession for at least 10 years.
• In the President's opinion, the person must be a distinguished jurist.

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Removal of Judges From the Supreme Court

• There is no prescribed age limit for the appointment of the Supreme Court Judges.
• A Supreme Court Judge have to serve until the age of 65 years. However, Supreme Court Judges can hand over their resignation to the President before reaching the age of 65 years.
• Moreover, Supreme Court Judges can be removed through a process of impeachment on the grounds of misbehavior or incapacity, as outlined in the Constitution The process begins with a motion for impeachment, which must be supported by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha. The Supreme Court Judges can be removed if both Houses of Parliament approve the motion with a two-thirds majority.

Collegium System for Judicial Appointments

• The collegium system of India includes the Chief Justice of India and the 4 senior-most judges of the Supreme Court. They decide on the appointments, transfer of judges, and elevation or promotion of judges.
• The term "collegium" has been established through judicial pronouncements and is not mentioned in the Indian Constitution.

Salaries and Allowances of Supreme Court Judges

• Retired Supreme Court judges are prohibited from practicing law in any court within India, including the Supreme Court and High Courts.
• Under Article 128, any retired judge of the Supreme Court of India, can be called back to sit and act as the Supreme Court Judge by the Chief Justice of India, after the prior permission of the President of India, according to the Article 128 of the Indian Constitution.