Supreme Court of India
Supreme Court of India is the highest judicial forum & final court of appeal. According to the Constitution of India, the role of the Supreme Court is that of a federal court & guardian of the Constitution.
Composition of Supreme Court
Under Article 124(1) the constitution originally provided for 1 Chief Justice of India & not more than 6 other judges. The constitution authorizes the Parliament to provide by law in fixing the Strength of the judges 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.
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 & voting & a majority of total strength of the House on the ground of misbehavior 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 & for the investigation for proof of misbehavior 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.
Supreme Court of India is the highest judicial forum & final court of appeal. According to the Constitution of India, the role of the Supreme Court is that of a federal court & guardian of the Constitution.
Composition of Supreme Court
Under Article 124(1) the constitution originally provided for 1 Chief Justice of India & not more than 6 other judges. The constitution authorizes the Parliament to provide by law in fixing the Strength of the judges 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.
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 & voting & a majority of total strength of the House on the ground of misbehavior 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 & for the investigation for proof of misbehavior 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.
- It should be supported by not less than 100 member of Lok Sabha.
- If it is to be introduced in Rajya Sabha it should be supported by no less than 50 members of Rajya Sabha.
- Once the resolution is initiated in either house of the parliament, the presiding officer of that House shall appoint a three member Judicial Committee to investigate into charges & provide proof of misbehavior or incapacity.
- The judicial committee shall be headed by a serving judge of the Supreme Court. Second member can be a serving judge of the High Court & the third member can be an eminent jurist.
- The Court divided the entire process of removal of a judge into two parts mainly Judicial Act & Political Act. Whenever the authority concerned does not enjoy discretionary power it is called Judiciary act & the judge concerned does not enjoy the right to be heard in such cases.
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