The Supreme Court of India (SCI) has appointed two new judges after the approval of the government on the names recommended by the SC collegium. Justice N Koteshwar Singh and Justice R Mahadevan took oath as judges of the SC. Chief Justice of India (CJI) D Y Chandrachud administered oath of office to them. Justice Singh scripted history by becoming the first judge from Manipur to be appointed to the SC. With their appointments, the SC has now reached the full sanctioned strength of 34 judges, including the CJI.
About the Appointment of SC Judges
- Strength of the SC: Originally, the total strength of SC judges was eight, including CJI. However, considering the rising number of cases and pressure on the judiciary, the Parliament increased their strength over time. At present, the SC has 34 judges, including the CJI.
- Qualification of a Judge: As per Article 124 (3) of the Constitution of India, the eligibility for becoming a judge in the SC include:
- He/She must be an Indian citizen.
- He/She must have at least 5 years of experience as a judge in a High Court.
- Alternatively, he/she must have served as an advocate in a High Court for at least 10 years.
- He/She must be an illustrious jurist in the President’s opinion.
- Appointment: Under Article 124(2), the President appoints Supreme Court judges. The judges take oath before the President or a person appointed by him/her.
- Tenure: There is no minimum age limit for the appointment of a person as a judge. They can serve as a judge until the age of 65.
- Resignation: A judge can resign during their tenure by writing to the President.
- Removal: A judge can be removed by the President through the process provided in the Constitution. Each House of the Parliament needs to support the removal by a special majority. Misbehaviour or incapacity could be the grounds for removal from the post.
What is the Collegium System?
- Judges in higher courts are appointed through the collegium system, which consists of the CJI and the four senior-most judges of the Supreme Court. The collegium makes decisions about appointments, elevation, and transfer of judges.
- This is not a constitutional process, but the result of judicial pronouncements.
- It was introduced in 1993 by the SC.
- The government formed the National Judicial Appointments Commission (NJAC) through an Act in 2014 to replace the collegium system. However, the SC declared the Act unconstitutional and void, ensuring the continuation of the collegium system.
