Civics /Polity (Supreme Court – India)

Supreme Court – India

* Independent Judiciary → Sine – Qua – Non of Democracy (Absolutely needed)

* Exist to see that laws made by legislature are intra vires (with the constitution)

* At the apex lie SC → Custodian & interpreter of constitution

* Originally 1 CJ & 7 judges, but At present 1 CJ & 30 Judges

Appointment & Transfer of Judges – By National Judicial Appointments Commission

Composition of the NJAC – 6 members

* Chief Justice of India (Chairperson, ex officio)

* Two other senior judges of the Supreme Court next to the Chief Justice of India – ex officio

* The Union Minister of Law and Justice, ex-officio

* Two eminent persons (one of which would be from the SC or ST or OBC or Minority communities or a woman ), for 3 yrs, not eligible for re-nomination, to be nominated by a committee consisting of :

 - Chief Justice of India

 - Prime Minister of India

 - Leader of opposition in the Lok Sabha ( where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha)

Functions of the Commission

* Recommending persons to president for appointment as

 - Chief Justice of India,
 - Judges of the Supreme Court,
 - Chief Justices of High Courts and other Judges of High Courts.

* Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court

* Ensuring that the persons recommended are of ability and integrity

Eligibility Criteria of Supreme Court Judges

* Citizen of India

* Judge of HC for atleast 5 years in succession / advocate of HC for atleast 10 years in succession

* A distinguish jurist in opinion of President (a highly qualified academia / law professor)

Tenure of Supreme Court Judges

* 65 years for Supreme Court Judge

* 3 years more than that of High court Judge

Salary of Supreme Court Judges

* Chief Justice →1 lakh

* Other Judges → 90,000

* From consolidated fund of India

Removal of Supreme Court Judges

- By order of President, after an address in each house of parliament, supported by a majority of total membership of the house & passed by a resolution supported by not less than 2/3rd of the members present & voting.

Lok Sabha :- A motion can be preferred before the house if signed by 100 members

Rajya Sabha :- A motion can be preferred before the house if signed by 50 members

* Only on grounds of proven misbehavior or incapacity

* Only after giving 14 days prior notice to said Judge against whom the motion is passed

* A 3 persons judicial committee is formed headed by serving judge of SC + 2 others from (SC or HC or eminent jurists)

* Report of same must be passed by both the houses & President

Acting CJ & Ad Hoc Judges

Appointment of Acting CJ → By President if CJ is ill or incapable to serve

Appointment of Ad-hoc Judges

* IF there is lack of quorum of Judges of SC to hold or continue any session in court, CJ of India with previous consent of President & after consultation with CJ of HC concerned, request in writing the attendance of judges to sit in SC as ad-hoc judges for certain period (Judges shall be qualified to be judges of SC)

* Retired judges of SC can sit in SC as adhoc Judges on request of CJ after consent of President, provided they fulfill the criteria of SC

Note 

* Criminal proceedings initiation against a judge of SC or HC requires CJs consent

* After retirement, a Judge of SC is prohibited from practising or acting as a judge in any court