Appointment And Removal of Judges of Supreme Court


 
 
Concept Explanation
 

Appointment and Removal of Judges of Supreme Court

Appointment of Judges of Supreme Court

According to Art. 124(3), a person shall be eligible to be appointed a judge of the Supreme Court if he

(1) Be a citizen of India

(2) Has been a judge of any one or more High Courts for at least 5 consecutive years and

(3) Have been an Advocate in any High Court or Courts for 10 consecutive years. or

(4) Should have high degree of knowledge of lawn the view of the President.

In the case of appointment of the Chief Justice of India it has become a tradition over the years that the most senior judge of the Supreme Court will be appointed to this post, but this tradition has also been broken 2 times. Except for 3 senior judges in 1973, Justice A.N. Ray was appointed as the Chief Justice of India. then in 1975 Justice MH Baig was appointed, overtaking Justice HR Khanna.

The President appoints the Supreme Court and other judges of the High Court on the advice of the Chief Justice of India.

This means that the Council of Ministers has real power in relation to appointments. Then what is the importance of advice from the Chief Justice?

  • Between 1982 and 1998, this subject repeatedly came up before the Supreme Court Initially, the Court was of the view that the role of the Chief Justice was purely that of an advisor, but later the Court accepted that the advice of the Chief Justice must be accepted by the President.
  • Eventually the Supreme Court introduced a new system According to this the Chief Justice of the Supreme Court will propose some names in consultation with the other 4 senior most judges and from this the President will make appointments
  • .... (More Text Available, Login?)
    Sample Questions
    (More Questions for each concept available in Login)
    Question : 1

    Which of the following are incorrect :

    (a) Judges of Supreme Court should be the citizen of India or Nepal.

    (b) The President appoints the Supreme Court and other judges of the High Court on the advice of the Chief Justice of India.

    (c) In 1991, the Supreme Court introduced the Collegium System for the appointment of judges in the high courts.

    Right Option : B
    View Explanation
    Explanation
    Question : 2

    Which of the following person appoints the Judges of Supreme Court and High Court ?

    Right Option : A
    View Explanation
    Explanation
    Question : 3

    In order to be appointed a Judge in the Supreme Court at least how many years a person must be an Advocate of he High Court ?

    Right Option : B
    View Explanation
    Explanation
    Chapters
    Constitutional Development in India
    Non-Constitutional Organisation
    Art, Architecture & Culture of India
    Pantings
    Theatre
    Dance
    Music
    The State Legislature
    Local Self Goverment
    Emergency Provisions
    Constitutional Organisation
    Union And Its Territory
    Structure of Indian Constitution
    Third Phase of National Movement
    Indian Struggle Against British Rule
    Constitutional Development of India
    Socio Religious Reforms
    Growth of British Paramountacy
    Post Mughal Period
    Irrigation System Of India
    National Income
    Inflation And Trade Cycles
    Poverty And Unemployment
    Infrastructure In India
    Sectors Of Indian Economy
    Economic Growth And Development
    Banking System In India
    Census of India 2011
    Windlife Conservation In India
    Architecture During Medivial India
    Major Industries In India
    Means Of Transport In India
    Natural Vegetation
    Agriculture In India
    The Physical Features Of India
    Soils In India
    Climate Of India
    Drainage System of India
    Advent Of The Europeans
    The State Executive
    Judiciary In India
    The Union Legislature
    The Union Executive
    Fundamental Rights and Duties
    Constituent Assembly
    Second Phase of National Movement
    First Phase of National Movement
    The Revolt Of 1857
    Election Commission Of India
    Lodhi Dynasty
    Mughal Empire And Beyond
    Tughlaq and Sayyid Dynasty
    Slave Dynasty
    Khilji Dynasty
    The Early Kingdoms
    The Mauryan Empire
    The Age Of The Guptas
    Chemistry In Everyday Life
    Administrative Structure of Delhi Sultanate
    Post Gupta Era
    Post Mauryan Period
    Religious Reform Movement
    Vedic Civilization
    Indus Valley Civilization
    Tissues In Organism
    Units And Dimensions
    Pre-Historic Period
    Environmental Studies
    Bio-Diversity
    Human And Regional Geography
    Fiscal And Monetary Policy In India
    Major Institutions
    Economic Planning Of India
    India - Size And Location
    Constitutional Amendments and Provisions
    Content / Category
    Class / Course
     
     


    Students / Parents Reviews [20]