In India, there is a three-tier system in the judicial system in the country. These are- the Supreme Court of India, the High courts of India, and the Subordinate Courts within the country.
India’s highest and final court of appeal is the Supreme Court. There is just one Supreme Court in the country; but, there are approximately 25 High courts in India. In 1950, the Constitution of India envisaged this court of appeal, along with seven puisne judges and chief justice. However, the number of judges of Supreme Court has been increased. Recently, it was found that the supreme court of India has 31 judges, with the chief justice of India.
The Supreme Court of India can take appeals against the judgement of several courts within the country, including the high court of India. The judgement and verdict made by the supreme court are binding on all the courts within the court. The Jurisdiction of the Supreme Court includes the Original, Appellate, and Advisory Jurisdiction. It also has the responsibility of settling the disputes between the state governments, the state and the union, and between the unions. In order to maintain and regulate the procedures and practices of the Court, the Supreme Court of India can make a consultation with the President of the country.
Let us look at the eligibility criteria of the judges of the supreme court of India.
Eligibility
The eligibility criteria of the judges of the supreme court of India are included in Article 124 of the Indian Constitution. The article gives out the following eligibility conditions for the judges of Supreme Court.
- The candidate must be a citizen of India.
- For at least five years, the candidate must have been a judge of a High court or more.
- For a least 10 years, the candidate must have been an advocate in one or more high courts in the country.
- The candidate must be a distinguished person by the President of the country.
The following is the appointment procedure for the judges of supreme court.
Appointment
The following are some of the provisions for the procedure of appointment of the judges of supreme court of India-
- The judges of the supreme court must be appointed by the president of the country. The appointed judge can be in the office till he is 65 years of age.
- The Chief Justice consultation is far from binding on the president of the country. However, this consultation should be effective.
- However, it was also pointed out in the case of 1993- advocates on records v/s the union of India- the views of the chief justice of India were binding on the president of the country. However, the chief justice of India must consult at least four senior-most judges of the supreme court.
Removal
Article 124 (4) under the constitution of India deals with the removal of the judges of supreme court-
- Once a candidate or a judge is appointed, they cannot be removed until they finish their tenure. However, they can be removed if they are proved to have been behaved improperly and in an incapable manner.
- The removal motion for the judges of the supreme court should be passed by a special majority, that is, by a simple majority of both the houses of the parliament and the majority of two-thirds of the members of the parliament voting and present.
- After the retirement of the judges of the Supreme Court, they cannot make judgments or verdicts in any court within the country.
It must be noted that this procedure of removal of judges of the Supreme Court is much more difficult when compared with the procedure of removal or transfer of judges of the high courts in India.
Conclusion
In India, there is a three-tier system in the judicial system in the country. These are- the Supreme Court of India, the High courts of India, and the Subordinate Courts within the country. India’s highest and final court of appeal is the Supreme Court. The Supreme Court of India can make appeals against the judgment of several courts within the country, including the high court of India. The judgement and verdict made by the supreme court are binding on all the courts within the court. In order to maintain and regulate the procedures and practises of the Court, the Supreme Court of India can make a consultation with the President of the country. The supreme court of India has 34 judges, in addition to the chief justice of India.