The Composition of the Supreme Court: 1. The Salient Features of the Indian Constitution that the distinct feature of our judiciary is that it is a single unified integrated judicial system for the whole country. A single judiciary represents a hierarchy of courts. The Supreme Court stands at the top of this single single integrated judicial system with High Courts at the State level. Below the High Courts, there are several subordinate courts such as the District Courts which deal with civil cases and the Session Courts which decide criminal cases.
INDIAN JUDICIAL SYSTEM
⇓
⇓
SUBORDINATE COURTS OR LOWER COURTS |
2. The Supreme Court is the highest judicial authority of India. It consists of the Chief Justice and 25 other judges. The Parliament (may increase the number of judges if it deems necessary. To begin with, besides the Chief Justice, there were only 7 other judges.
3. The Parliament has increased the (number of judges from time to time. As 2005, there are 25 judges besides the Chief Justice who is also called the Chief Justice of India.
4. The Chief Justice and other judges of the Supreme Court are appointed by the President of India. While appointing the Chief Justice, the President is constitutionally required to consult such other judges of the Supreme Court as he deems proper, but outgoing Chief Justice is always consulted.
5. Normally, the senior most judge of the Supreme Court is appointed as the Chief Justice of India, although there is no constitutional requirement to do so. While appointing other judges, the President is bound to consult the Chief Justice and other senior judges, if he deems proper.
6. Whenever there is vacancy or a likely vacancy in the Supreme Court, the Chief Justice and four other senior most judges consider various names and recommend the names of the persons to be appointed as judges of the Supreme Court.
7. The power of selection of judges has passed on to a group of Supreme Court judges, called the collegium of the Court. The President now performs the formality of appointing the nominee of the Supreme Court, after the Law Ministry formally recommends these names to him.
8. A person is qualified for appointment as a judge only he / she is a citizen of India and if he/she fulfils one of the following conditions:
(a) he / she has been for at least five years a Judge of a High Court or two or more than two such courts; or
(b) he / she has been for at least ten years an advocate of a High Court or of two or more than two such courts; or
(c) he / she is, in the opinion of the President, a distinguished jurist.
9. The Chief Justice of India and other judges of the Supreme Court hold office till they attain the age of 65 years. A judge may voluntarily resign before expiry of his term.
10. It is clear that Supreme Court judges enjoy security of tenure, and the executive cannot arbitrarily remove them.
11. No person who has held office of a judge of the Supreme Court is allowed to plead as an advocate in any court or before any authority within the territory of India.
12. The judges of the Supreme Court are paid such salaries as are determined by the Parliament from time to time.
