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Everything you need to know about CLAT: Registration, Syllabus, Admit Card, Exam Pattern, and Dates » CLAT Study Material » Legal Reasoning » Appointment of Judges
CLAT Scholarship

Appointment of Judges

Judge, Eligibility of the Supreme Court Judge, Qualification of the High Court Judge, Eligibility of District Judge, Qualification of other Judges.

Table of Content
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The Supreme Court of India came into effect on 26 January, 1950. It is situated at Tilak Marg, New Delhi. Being the protector of fundamental rights and guardian of the Constitution, the Supreme Court acts as a Court of Record and punishes for its disdain. Under article 145, the Supreme Court Judges have the power to scrutinise any pronounced judgement or order made. They can invalidate any decision of the Parliament and government based on the breach of basic features.

Judge

A person who conducts the court proceedings either alone or as a jury is known as the judge. Being just, he or she always administers or declares the law through proper evidence and testing of premises. Settling a legal disagreement in a final and publicly lawful manner in agreement with material partialities is the ultimate goal of a judge. Not only do they need to have outstanding skills in logical reasoning, analysis and decision making; but also, they are required to have a good moral character.

Eligibility of the Supreme Court Judge

  • The President of India appoints the judges of the Supreme Court which consists of Chief Justice and a maximum of 33 other judges. 
  • He or she needs to be a judge of a High Court for two or more such courts in succession for at least 5 years.
  • When one enters the age of 65, he or she retires from the post of the Supreme Court Judges.
  • He or she needs to be a citizen of India in order to be appointed as the Supreme Court Judge.
  • He or she must have been an advocate of a High Court, or two or more such Courts in succession for 10 years minimum. 
  • In the eyes of the President, he or she must be an esteemed jurist.

Qualification of the High Court Judge

  • The President of India appointed the Chief Justice of the High Court by consulting with the Chief Justice of India and the Governor of the state in the issue under Article 217.
  • The appointed High Court judge must be a citizen of India.
  • He must have served in a judicial capacity in India for 10 years or would have been a high court lawyer for 10 years.
  • No minimum age requirement for high court justices is needed.

Eligibility of District Judge

  • The high court along with the governor of the state appoints posts and promotes District Judges in the state under Article 233. A district judge should not be employed by the union or state governments.
  • He or she should have spent seven years as a pleader or an advocate. 
  • The High Court should propose him for the appointment.

Qualification of other Judges

  • The people appointed to the state judicial service are done by the Governor of a state after Consulting with the State Public Service Commission and the High Court. 
  • Article 234 states that the recruitment of persons other than district judges to the service.
  • State Public Service Commission conducts a competitive exam for recruitment to the judicial service of the state.

Conclusion

Being one of the most important parts of the government, Judiciary is necessary to post the most efficient and capable ones to the post of the judges required. The Constitution has created different sets of qualifications for the appointment of judges at different levels of the Indian judiciary.

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Frequently asked questions

Get answers to the most common queries related to the CLAT Examination Preparation.

Who is a judge?

Ans : A person who conducts the court proceedings either alone or as a jury is known as the judge. Being just, he or...Read full

What are the qualifications of the Supreme Court judge?

Ans : He or she needs to be a judge of ...Read full

What are the qualifications of a High Court Judge?

Ans : The President of India appointed t...Read full

What are the qualifications of a District Judge?

Ans : The high court along with the gove...Read full

Ans : A person who conducts the court proceedings either alone or as a jury is known as the judge. Being just, he or she always administers or declares the law through proper evidence and testing of premises.

Ans :

  1. He or she needs to be a judge of a High Court for two or more such courts in succession for at least 5 years.
  2. When one enters the age of 65, he or she retires from the post of the Supreme Court Judges.
  3. He or she needs to be a citizen of India in order to be appointed as the Supreme Court Judge.
  4. He or she must have been an advocate of a High Court, or two or more such Courts in succession for 10 years minimum. 
  5. In the eyes of the President, he or she must be an esteemed jurist

Ans :

  1. The President of India appointed the Chief Justice of the High Court by consulting with the Chief Justice of India and the Governor of the state on the issue under Article 217.
  2. The appointed High Court judge must be a citizen of India.
  3. He must have served in a judicial capacity in India for 10 years or would have been a high court lawyer for 10 years.
  4. No minimum age requirement for high court justices is needed.

Ans :

  1. The high court along with the governor of the state appoints posts and promotes District Judges in the state under Article 233. A district judge should not be employed by the union or state governments.
  2. He or she should have spent seven years as a leader or an advocate.

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