SUPREME COURT JUDGES - POLITY
News: Govt. clears appointment; Mishra, Viswanathan to be sworn in as SC
judges today
What is in the news?
●
Chief Justice of India
D.Y. Chandrachud will swear in Prashant Kumar Mishra and K.V.Viswanathan as
Supreme Court judge. Mr. Viswanathan is a direct appointment from the Supreme
Court Bar.
Key takeaways:
●
The Collegium had
recommended the names of Justice Mishra and senior advocate Mr.Viswanathan to
the government for appointment as Supreme Court judges on May 16. Hardly 48
hours have passed before the government's green signal.
●
Mr. Viswanathan would be
in line to be the 58th Chief Justice of India in 2030, succeeding Justice J.B.
Pardiwala as top judge.
●
He is also only the ninth
lawyer to be elevated directly to the Supreme Court Bench.
●
With this appointment the
Supreme Court now has attained it is full capacity back.
Back to the basics:
Appointment of Supreme Court judges:
1. Composition and Strength of the Supreme
Court:
●
The
Number of Judges (Supreme Court) Act prescribes the
strength of the Supreme Court as 34 judges (one chief justice and 33 others).
2. Qualifications:
●
According to Article
124(3) of the Constitution, a person can be appointed as a judge of the Supreme
Court if he or she:
○ A
person must be a citizen of India.
○ Must
have served as a judge of a High Court for at least five years or two such
courts in succession.
○ Alternatively,
must have been an advocate of a High Court for at least ten years or two or
more such courts in succession.
○ Must
be a distinguished jurist in the opinion of the president.
3. Appointment:
●
Under Article 124(2) of the constitution,
Supreme Court Judges are appointed by the President.
●
The President consults
with judges of the Supreme Court and High Courts to make informed appointments.
4. Tenure:
●
A judge of the Supreme
Court serves until they reach the age of 65 years.
●
The Constitution didn't
prescribe any minimum age for the qualification as Supreme Court judge.
5. Resignation:
●
Judges can resign from
their office by writing to the President.
6. Removal:
●
A judge of the Supreme
Court can only be removed from office by an order of the President.
●
The removal process
requires an address by each House of Parliament, supported by a special
majority i.e., a majority of the total membership of that House and a majority
of not less than two-thirds of the members present and voting.
●
The grounds for removal
are proven misbehavior or incapacity.
7. Salary & Allowance:
●
Salaries, allowances,
privileges, leave, and pension of Supreme Court judges are determined by
Parliament.
● The Salaries, Pension, and Allowances of the Supreme Court Judges are charged upon the Consolidated Fund of India.
8. Collegium system:
●
Supreme Court Collegium
recommends names for the Judges to the government.
●
Law minister forwards the
recommendation to the Prime Minister and if the PM agrees to these names then
he recommends the President to appoint them as judges.
●
The collegium, consisting of the Chief Justice of India and the four
senior-most judges of the Supreme Court, decides on appointments,
elevations, and transfers of Judges.
●
The Collegium System was
established by the ruling of the Supreme
Court.