10. THE SUPREME COURT

The role of judiciary is imperative in a Parliamentary democracy to prevent the concentration of powers and make the executives accountable to the legislature. The principle of ‘Separation of Powers’ is upheld by the judiciary. The Indian constitution provides for an independent and integrated judiciary with the Supreme Court at the apex. Articles 124 to 147 under Part V discusses in detail the organisation, powers, functions and so on of the Supreme Court.

• The Judges of Supreme Court

Appointment:

The President appoints the judges of the Supreme Court (SC) including the Chief Justice of India (CJI). He appoints the judges of SC after consultation with a collegium composed of the CJI and four senior most judges of SC. By convention, the senior most judge of the SC is appointed as the CJI. An oath or affirmation to the judges of SC and the CJI is administered by the President.

Qualifications:

To be appointed as a judge of the SC, a person should possess the following qualifications

1. He must be a citizen of India.
2. He should have been a judge of a High Court for five years or an advocate of a High Court for ten years or an eminent jurist in the opinion of the President.

Tenure:

The constitution does not prescribe a tenure for the judges of SC. However, it provides the following three provisions

1. A judge of the SC holds office till the attainment of 65 years of age.
2. He can resign by writing to the President.
3. He can be removed by the President for incapacity or proved misbehaviour.

Removal of Judges:

The CJI and the judges of SC can be impeached from office only on two grounds – incapacity or proved misbehaviour.

Procedure for Impeachment:

1. A motion for the impeachment of a judge of the SC can be moved in either houses of the Parliament. It has to be signed by 100 members in case of LS or 50 members in case of RS.
2. The Speaker / Chairman may admit or reject the motion.
3. If the motion is admitted, the Speaker / Chairman has to constitute a three-member committee to investigate into the matter.
4. The committee is composed of the CJI or a judge of SC, a chief justice of a High Court and an eminent jurist.
5. If the committee finds that the concerned judge is guilty of misbehaviour or incapable of delivering his duties, the house will take up the motion for consideration.
6. After the motion is passed in both the houses, an address is presented to the President for the removal.
7. The President removes the judge by an order.