Constitutional Provisions in the Appointment of Supreme Court Judges

Article 124. (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than Seven* other Judges. 

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years: 

Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted: 

Provided further that— 

(a)       a Judge may, by writing under his hand addressed to the President, resign his office; 

(b)       a Judge may be removed from his office in the manner provided in clause (4). 

 (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and— 

(a)       has been for at least five years a Judge of a High Court or of two or more such courts in succession; or 

(b)       has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or 

(c)        is, in the opinion of the President, a distinguished jurist. 

Explanation I.—In this clause "High Court'' means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India. 

Explanation II.—In computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included. 

(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. 

(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4). 

(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. 

(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India. 

Constitutional procedure for appointment of Judges in the Supreme Court of India: - Pursuant to the Judgment of the Supreme Court dated October 6, 1993 in the case of Supreme Court Advocates on Record and Anr. Vs. Union of India, and the Advisory Opinion of the Supreme Court dated October 28, 1998, the proposals for appointment of Judges in the Supreme Court are to be initiated by the Chief Justice of India.

Click here to Get More Content
on LCI Android App