Judiciary and Other Bodies: Composition, Appointment, and Qualifications of Judges
Understanding the structure, selection process, and eligibility criteria for judges is crucial for mastering UPSC Polity and Constitution. This module delves into the core aspects of how judges are appointed and what qualifications they must possess to uphold justice in India.
Supreme Court of India: Composition and Appointment
The Supreme Court of India is the apex judicial body. Its composition and the appointment process for its judges are outlined in the Constitution.
The Supreme Court comprises a Chief Justice of India and a number of other judges.
The number of judges is determined by Parliament. Currently, it's 34 judges, including the Chief Justice.
Article 124 of the Constitution of India states that the Supreme Court shall consist of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. Parliament has since increased this number multiple times. The Supreme Court (Number of Judges) Amendment Act, 2019, increased the strength of the Supreme Court to 34 judges, including the Chief Justice of India.
Appointment of Supreme Court Judges
The appointment of judges to the Supreme Court is a nuanced process involving the executive and judicial branches, guided by constitutional provisions and judicial pronouncements.
Judges are appointed by the President of India.
The President appoints the Chief Justice of India after consulting other judges, and other judges after consulting the Chief Justice of India and other judges.
The appointment of the Chief Justice of India (CJI) is made by the President after consulting such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary. For the appointment of other Supreme Court judges, the President appoints them after consultation with the CJI and such other judges of the Supreme Court and High Courts as he deems necessary. The collegium system, evolved through judicial interpretation (e.g., the Second and Third Judges' Cases), plays a significant role in recommending names for appointment.
The collegium system, while not explicitly mentioned in the Constitution, has become the de facto method for judicial appointments, emphasizing judicial independence.
Qualifications for Supreme Court Judges
To be appointed as a judge of the Supreme Court, an individual must meet specific criteria laid down in the Constitution.
| Qualification | Requirement |
|---|---|
| Citizenship | Must be a citizen of India. |
| Judicial Experience | Must have been for at least five years a Judge of a High Court or of two or more such Courts in succession. |
| Legal Practice | Must have been for at least ten years an advocate of a High Court or of two or more such Courts in succession. |
| Distinguished Jurist | Must be, in the opinion of the President, a distinguished jurist. |
High Courts: Composition and Appointment
Each state in India has a High Court, which is the principal civil court of original jurisdiction in the respective state. The appointment process for High Court judges shares similarities with the Supreme Court.
High Courts consist of a Chief Justice and other judges.
The number of judges varies per High Court, determined by the President based on the workload.
The Constitution provides for a High Court for each state, but Parliament can establish common High Courts for two or more states. The President appoints the Chief Justice and other judges of the High Courts. The exact number of judges in a High Court is not fixed and is determined by the President from time to time based on the administrative needs and workload of the court.
Appointment of High Court Judges
The appointment of High Court judges involves consultation between the Chief Justice of India, the Governor of the state, and the Chief Justice of the respective High Court.
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The President appoints a judge of a High Court after consultation with the Chief Justice of India, the Governor of the state, and the Chief Justice of the High Court of that state. For the appointment of the Chief Justice of a High Court, the President consults the CJI and the Governor of the concerned state.
Qualifications for High Court Judges
The qualifications for a High Court judge are similar to those for a Supreme Court judge, with a slight difference in the duration of judicial service.
| Qualification | Requirement |
|---|---|
| Citizenship | Must be a citizen of India. |
| Judicial Experience | Must have held a judicial office in India for at least ten years. |
| Legal Practice | Must have been for at least ten years an advocate of a High Court or of two or more such Courts in succession. |
Other Judicial Bodies and Appointments
Beyond the Supreme Court and High Courts, India has various other judicial and quasi-judicial bodies whose appointments follow specific procedures.
While the primary focus for UPSC Polity is on the Supreme Court and High Courts, understanding the appointment mechanisms of bodies like tribunals (e.g., Administrative Tribunals, Tax Tribunals) and other constitutional bodies (e.g., Election Commission, UPSC members) is also important. Their appointments are typically made by the President or the respective government authorities, often with recommendations from specialized committees or based on specific Acts.
Ten years.
The President of India.
Article 124.
Learning Resources
Provides the foundational legal text for the establishment and composition of the Supreme Court of India.
Details the constitutional provisions regarding the appointment and conditions of service for High Court judges.
Official information from the Supreme Court website on its structure and functioning.
Provides an overview of the High Courts across India, useful for understanding their presence and jurisdiction.
An insightful article explaining the evolution and functioning of the collegium system for judicial appointments.
A detailed analysis of the judicial appointment process, including discussions on the collegium system and its implications.
A video explaining the structure, appointment process, and the importance of judicial independence in India.
A comprehensive video tutorial covering the Supreme Court and High Courts, relevant for UPSC preparation.
A detailed Wikipedia entry covering the history, composition, jurisdiction, and appointment of judges of the Supreme Court.
General information on High Courts, including their role and appointment of judges, with specific references to the Indian context.