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Overview on judges appointed by President

Court is an official body where both the parties have been given the right to speak for themselves and to provide proofs and legal documents on the claims that they make during the hearing as court is a body that makes decisions depending upon the proofs.

The courts are of 5 types

  • Supreme Court 
  • High Court
  • District Court 
  • Lower Court
  • Tribunals

The Supreme Court is termed as the top most decision making or justice providing body in India. The decision of the Supreme Court is the final decision. It protects citizen’s fundamental rights and resolves disputes between various states or state and central or various government bodies; it also provides justice to the citizens of India.  It took over the Judicial Committee of the Privy Council on 28th January 1950 to become the highest justice providing body.

The High court is the highest court that takes appeals from lower courts. High Courts should be built in each and every state as their primary aim is to resolve the appeals that have come from the lower courts and to issue petitions according to the article 226 and 227 written in the Indian constitution and to solve the problems of the citizens of India. 

Eligibility of Becoming Judge in Supreme Court

A person can only become judge in Supreme Court if he has passed these criteria:

  • He/she should be a citizen of India.
  • He/she should not be of more than 65 years of age.
  • He/ she has at least 10 years as an advocate of one or two or more high courts.
  • He/ she should be the person selected by the president.
  •  He should have held a judicial office in the territory of India for ten years.

Eligibility of Becoming Judge in High Court

A person can become the judge of High Court only when he passes through these following criteria:

  • He should be a citizen of India.
  • He should have at least 10 years as an advocate of one or two or more high courts.
  • He should have held a judicial office in the territory of India for ten years.
  • He should not exceed more than 62 years of age.

Difference Between Supreme Court and High Court

Supreme Court

High Court 

  1. It is the highest body of justice in the country 
  1. It is the highest legal body which follows state law and orders. 
  1. It gets lead by the chief justice of India
  1. It gets led by the Chief Justice of the State.
  1. President of India assigns the judge of the Supreme Court

3.  Along with the president of India, the Chief Justice of India and the governor of that particular state assigns the judgment of the High Court.

  1. The retirement age for the judge of the Supreme Court is 65 years. 

4.  The retirement age for the judge of the High Court is 62 years.

  1. In total, there is only a single Supreme Court in India.
  1. There are 25 High Courts in India in which 3 High Courts also provide justice to another state.
  1. The judge of the Supreme Court cannot practice after his retirement or during or after his term.
  1. The judge of High Court also cannot 

Practice in lower courts after his retirement or during or after his term. 

Composition of Supreme Court and High Court

The article 124 stated that the Supreme Court to be filled with the Chief Justice of India and 7 judges. But due to the increase in riots among the citizens of India, the cases also increased and it was made that they can have 34 Judges but currently, the Supreme Court has 25 Judges along with the Chief Justice of India.

The High court is composed of a Chief Justice of the State along with other judges due to the increase in cases because of disputes among the citizens of India. There is no restriction on the number of judges that are appointed as the judge of the High Court as the President can appoint as many judges he wants depending on the work. 

Conclusion

According to the world factbook 2021, judges are appointed by the president in about 70% of the countries of the world which in turn makes it the most widespread centre in the world. Examples of the countries are India, Brazil, United States, Russia etc. Appointment by the president can lead to judicial destruction so in many countries like Pakistan, Sweden, and Brazil appointment of judges is not done by the President; they are selected by a selecting committee which includes peer judges. This gives us a great Opportunity to find out the impacts on the appointment of judges by the president.

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Similarity on the eligibility of judges of the Supreme Court and High Court?

Ans. Similarities between the eligibility of judges of the Supreme Court and High Court are that judges appointed for the Supreme Court must be a c...Read full

Who is higher than the Supreme Court?

Ans.The Supreme Court is the last court for appeal. The decision made by the Supreme Court is the final decision. It...Read full

How many Supreme and High Courts are there in India?

Ans. There is only one Supreme Court in India and as the government wants to build High Courts in each and every state of the country, currently th...Read full

Which was the 1st Supreme Court in India?

Ans. The Supreme Court of judicature at Fort William in Calcutta is the 1st...Read full