Supreme Court Judges Appointment

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.

 

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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