SUPREME COURT JUDGES QUALIFICATION, APPOINTMENT, OATH AND TENURE

The qualifications for appointment as a judge of the Supreme Court of India are outlined in the Constitution of India under Article 124.

1. Citizenship:
   • The person must be a citizen of India.
2. Judicial Experience:
   • For appointment as a judge, a person should have been a judge of a high court or two or more such courts in succession for at least five years, or
   • Should have been an advocate of a high court or two or more such courts in succession for at least ten years, or
   • Must be a distinguished jurist in the opinion of the President.
3. Age Limit:
   • A person should not be eligible for appointment as a judge if they have already attained the age of 65 years.
4. Other Qualifications:
   • The President of India may consult with the Chief Justice of India and other judges of the Supreme Court, as he deems necessary, for the appointment of judges.

It’s important to note that the actual appointment process involves the President of India acting on the advice of the Chief Justice of India and a collegium of senior judges. The collegium system has been the subject of discussions and debates, and the process may evolve over time.

SUPREME COURT JUDGES APPOINTMENT

The appointment of Supreme Court judges are primarily Articles 124 and 217.

1. Recommendation by the Collegium:
   • The process of appointing judges to the Supreme Court involves the Chief Justice of India and a collegium of senior judges. The collegium typically consists of the Chief Justice and four other senior-most judges of the Supreme Court.
2. Initiation of the Process:
   • When a vacancy arises or is anticipated in the Supreme Court, the Chief Justice of India initiates the process of appointment by proposing names for consideration.
3. Consultation with Colleagues:
   • The Chief Justice of India consults with the other members of the collegium to finalize the list of candidates. This process involves discussions among the judges to assess the suitability of candidates based on factors like seniority, merit, and other relevant considerations.
4. Recommendation to the President:
   • Once the collegium reaches a consensus on the names, the Chief Justice of India sends the recommendations to the President of India. The recommendations are typically accompanied by detailed reasons justifying the selections.
5. President’s Consideration:
   • The President is required to act on the advice of the Chief Justice and the collegium. However, in practice, the President’s role is largely formal, and the appointment is made as recommended by the collegium.
6. Issuance of Warrant of Appointment:
   • Upon receiving the President’s approval, the Chief Justice of India sends a formal recommendation to the President, who then issues a warrant of appointment for the selected candidates.
7. Oath of Office:
   • After receiving the warrant of appointment, the selected judges take the oath of office before the President or another appointed authority.

It’s important to note that the collegium system for the appointment of judges, while widely followed, has been a subject of debate and discussions.

SUPREME COURT JUDGES OATH

The oath taken by Supreme Court judges in India is prescribed by the Third Schedule of the Constitution of India, under Article 124.

“I, [name], do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will, and that I will uphold the Constitution and the laws.”

This oath is administered by the President of India or by some person appointed by him/her.

SUPREME COURT JUDGES TENURE

The tenure of Supreme Court judges in India is outlined in the Constitution of India, primarily under Article 124.

1. Retirement Age:
   • The retirement age for a judge of the Supreme Court is 65 years.
2. Chief Justice of India:
   • The Chief Justice of India (CJI) holds office until the age of 65 or until they voluntarily resign, whichever is earlier.
3. Other Judges:
   • Judges of the Supreme Court, other than the Chief Justice, also retire at the age of 65.
4. Resignation:
   • Judges have the option to resign from their office before reaching the age of 65. The resignation is submitted to the President of India.
5. Removal:
   • Judges of the Supreme Court can be removed from office only through the process of impeachment. The grounds for impeachment include “proved misbehavior” or incapacity.
6. Impeachment Process:
   • The impeachment process involves charges being brought in either house of Parliament (Lok Sabha or Rajya Sabha). A motion for the removal of a judge can be initiated with the support of at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha. The motion must be passed by a special majority in both houses.