Appointment of Judges
1. Chief Justice of India (CJI) is appointed by President after consultation with such judge of the Supreme Court or High Court decided by President. A procedure is followed while appointing the Chief Justice. The outgoing Chief Justice names his/her successor who is the senior-most judge of the Supreme Court & ultimately appointed by the President.
2. Other Judges appointed by the President after consulting with the Chief Justice and such judges of the Supreme Court or High Court deemed necessary by the President.
3. To protect the supreme court’s autonomy, the president of India must consult with the chief justice of India while appointing supreme court judges (as this provision curtails the absolute discretion of the executive as well as ensures that the Judicial appointments are not based on any political or practical considerations).
Supreme Court Of India – UPSC & SSC Notes
The Supreme Court of India is the highest court of appeal that protects the fundamental rights of a citizen. Hence, it is a very important topic for exams like UPSC, SSC and all other one day exams.
This article includes the Tenure, Oath, Appointment, Qualification, Seat, salary etc. We also covered the important cases, articles and amendments that were related to the Supreme court of India.
1. Article 124 to 147 in Part V deals with the Supreme Court of India — Parliament also to regulate them.
2. The Integrated Judiciary structure is as follows with SC at the top → High Court → Subordinate Courts.
3. The Supreme Court succeed the Federal Court of India established under the Government of India Act 1935.
4. It is the final interpreter & guardian of the Constitution and guarantor of our Fundamental rights.
6. Initially by Article 124 of the constitution the strength of Supreme court judges was fixed at 8 (Chief Justice of India + 7 Judges) until Parliament enlarged it. In Highcourt, the strength is decided by President]. At present, the supreme court comprises thirty-four judges (1 chief justice and 3 other judges). In 2019, the center notified an increase in the number of supreme court judges from 31 to 34, including the chief justice. This followed the enactment of the supreme court (number of judges) Amendment act, 2019.7. Unlike the American constitution, the Indian constitution has established an integrated judicial system with the supreme court at the top and the high court below it.
8. A system of subordinate courts, such as district courts and other lower courts, exists beneath a high court (and below the state level). The Government of India Act, of 1935 established a single system of courts that implements both central and state laws.9. IN the USA, the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary. There is thus a double system of courts in USA-one for the centre and the other for the states.
10. The supreme court’s organisation, independence, jurisdiction, powers, and processes are all addressed in Part V of the constitution. Legislation can also be used to regulate them.