A Simple note on Judiciary Qualification and Appointment

There are two levels of government in India, one for the Centre and the other for the state. The powers of both governments have been well-defined in the Constitution. We have a federal form of government and a single unified judiciary. According to the Constitution, “the law declared by the Supreme Court shall be binding on all courts within the territory of India.” Here, we discuss the qualifications for an appointment as a Judge. The first requirement is that the person should be a citizen of India. Additionally, we learn about the appointment of judges of the Supreme Court and the appointment of judges of the High Court. 

Appointment Of The Judge In Supreme Court

Let us know about the appointment of judges to the Supreme Court. By the Act of 2008, the Supreme Court consists of the Chief Justice of India and not more than 30 other judges. The President appoints every Judge of the Supreme Court after consultation with the judges of the Supreme Court and High Courts as the President may deem necessary. But while appointing other judges, the Chief Justice of India shall always be consulted.

Qualifications For Appointment As A Judge In Supreme Court

Now, we will discuss the qualifications for an appointment as a Judge. 

A judge of the Supreme Court must

• Be a Citizen of India
• Have been a Judge of a High Court for at least five years; or
• Have been an advocate of a High Court for at least 10 years; or 
• Be, in the opinion of the President, a distinguished Jurist

Salary of the Judge of the Supreme Court

After knowing the qualifications for an appointment as a Judge, we can discuss his salary. The Chief Justice and other judges are paid such salaries as may be determined by the Parliament. In addition, judges are entitled to the rent-free residence and other allowances. Their salaries are charged to the Consolidated Fund of India and cannot be voted upon by the Parliament.

Terms and office of removal

The judges enjoy reasonable security of tenure. Once appointed, a judge retires upon attaining the age of 65 years. A judge may resign from his office by writing to the President. He may also be removed from his office by the President only on proven misbehaviour or incapacity. But that is possible only when an Address of each House of Parliament (passed by a majority of the total membership of that House and by the majority of not less than two-thirds of the members present and voting) has been presented to the President.

Composition of High Court

The High Court consists of a Chief Justice, and such other Judges as the President may appoint from time to time. The number of the judges of the High Courts is not fixed. It varies from state to state.

The President appoints the Chief Justice of the High Court in consultation with the Supreme Court Chief Justice and the Governor of the concerned State. Other judges are appointed in the same manner, except that the Chief Justice of the concerned State is also consulted in their appointment.

Qualifications For Appointment As A Judge In High Court

The qualifications for appointment as a Judge in the High Court. 

To be appointed as a High Court Judge

• A person should be a Citizen of India
• A person should have at least 10 years of experience as an advocate of a High Court of India or should have at least 10 years of experience as a judicial officer in the territory of India

The appointment of a Judge of the High Court 

The appointment of a judge of the High Court by the President of India. The President appointed them after consultation with the chief justice of India and the Governor of the state concerned. 

Salary and Allowance of Judge

The Chief Justice and other Judges are paid such salaries as may be determined by the Parliament. In addition to that, they are entitled to the rent-free residence and other allowances. On retirement, the Judges are entitled to a pension. Their salaries and allowances are charged to the Consolidated Fund of the State and are not put to the vote in the State Legislature. The salaries cannot be changed to the disadvantage of a Judge during his tenure.

Conclusion

In the above article, we discuss the qualifications for appointment as a Judge, appointment of judges of the Supreme Court, and Appointment of judges of the High Court in detail. Also, we learn about the salary and terms of office and the removal of judges of the Supreme Court and the High Court. The Supreme Court has an important role in a parliamentary government. They should be independent. In appointing the judges, the President shall consult the Chief Justice of India. Thus, neither the Executive (Ministry of Law and Justice) nor the Chief Justice of India acting can fully control the judges’ appointment.