Supreme Court Judges Appointment

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Appointment Procedure of SC Judges:

Article 124(3) of the constitution mentions the following people as eligible to become a Supreme Court (SC) Judge:
- A High Court (HC) judge who has held that post for 5 years or more.
- An advocate who has practised in the HC/SC for 10 years or more.
- A distinguished Jurist (no judge appointed on this basis till date).
Article 124(2)says that the President of India Shall appoint the judges after consultation with such a number of Judges of the SC/HC as he deems necessary. For appointment of any Judge of SC (other than CJI), the CJI must be consulted.
The three Judges case of 1981, 1993 & 1998 has formalised the collegium system for the purpose of consultation.
- The collegium for appointing SC judges consists of the CJI and 4 senior-most judges of SC.
- Memorandum of Procedure (MoP) was set up after the Third Judge Case of 1998 to provide the process of how the Collegium would recommend names to the Executive.
The President of India can either accept the recommendation or send it back for reconsideration.
The reconsidered advice must be accepted by the President.

Q1) What is the procedure for removal of a judge of the SC?

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity.

Source: All India Radio