Qualifications and Appointment of Supreme Court Judges in India

Appointment of Supreme Court Judge in India

The Supreme court Judges in India are appointed by the President on the advice of his Council of Ministers and in consultation with such persons as he deems fit. In the appointment of the Chief Justice, the President consults such judges of the Supreme Court and High courts as he thinks necessary.

Qualification for appointment as a Supreme Court Judge

Article 124 (3) of the constitution prescribes that for appointment as a judge of the Supreme Court a person must he

  • (a) a citizen of India,
  • (b) has been a judge of any High Court for at least 5 years, or
  • (c) has been an advocate in a High Court for 10 years or is in the opinion of the President a distinguished jurist.

There is no fixed tenure of service for a judge. He continues in service till the completion of 65th year of age.

Vacancy of Post of Judge of Supreme Court inIndia

Article  124 (4) prescribes the methods how the post of a judge may fall vacant. These are

  • (a) retirement on completion of 65th year of age,
  • (b) resignation and
  • (c) removal through impeachment.

Removal of  Supreme Court Judge  in India

The framers of the constitution took great pains to ensure the independence of the Supreme Court judges. There is independence of Judiciary in India. Thus a judge may be removed only through impeachment. This is the only way for the removal of a judge. A judge may be impeached only on grounds of proved misbehavior and incapacity.

The salaries and allowances of a judge cannot be varied to his disadvantage except during a financial emergency under Article 360. The administrative expenses of the Supreme Court are changed on the revenues of India. Finally a judge may not engage in legal practice after retirement.

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