Court appoints three judges to Supreme Court, fills all 34 posts

Context

• The Centre on Thursday cleared the appointment of three judges to the Supreme Court. With this, the top court has reached its full sanctioned strength of 34 judges.

• The appointment came three days after the Supreme Court Collegium forwarded its recommendations to the Centre

Appointment of SC judges

• Article 124(1) states that there shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a large number, of not more than seven other judges.

• Article 124(2) states that every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such number of the judges of Supreme Court and of the High Courts (in states).

• The Parliament is competent to increase the number of judges if it deems necessary.

• Originally, the strength of the Supreme Court was fixed at 8 (1 Chief Justice and 7 other judges).

• The Constitution of India empowers the Parliament to increase or decrease the number of judges of the SC.

• Accordingly, the Parliament passes several Acts subsequently to increase the number of other judges of the SC.

• At present, the SC consists of 34 judges (1 Chief Justice and 33 other judges).

3 Judges Cases

• As per the Second Judges Case (1993), consultation with the Chief Justice means concurrence and advice tendered by the Chief Justice is binding on the President.

• As per the Third Judges Case (1998), the Chief Justice should consult a collegium of 4 senior-most judges of the Supreme Court before recommending the name to the President.

• A person to be appointed as a judge of the Supreme Court should have the following qualifications:

He/she should be a citizen of India.

He/she should:

• have been a judge of a High Court (or High Courts in succession) for 5 years; OR

• have been an advocate of a High Court (or High Courts in succession) for 10 years, OR

• be a distinguished jurist in the opinion of the President of India.

• Note: The Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

Tenure of Judges of Supreme Court

• The Constitution has not fixed the tenure of a judge of the Supreme Court.

• He/she holds office until he attains the age of 65 years.

• He/she can resign from his office by writing to the President.

Removal of SC judge

• He/she can be removed from his office by the President on the recommendation of the Parliament.

• They can be removed on the following two grounds: proved misbehaviour and incapacity

• The procedure relating to the removal of a judge of the SC is regulated by the Judges Enquiry Act (1968).

• As per the Act, the process of removal goes as follows:

1. A removal motion signed by 100 members in the case of Lok Sabha or 50 members in the case of Rajya Sabha is to be given to the Speaker/Chairman.

2. The Speaker/Chairman may admit the motion or refuse to admit it.

3. If the motion is admitted, then the Speaker/Chairman constitutes a three-member committee to investigate the charges.

4. The Committee consists of: the Chief Justice of India or a Judge of the SC, a Chief Justice of a High Court, and a distinguished jurist.

5. If the committee finds the judge guilty of the charges, then both the Houses of Parliament can take up the motion for consideration.

6. The motion must be passed by both Houses of Parliament with a Special Majority (50% of the total membership of the House + two-thirds of the members present and voting).