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APPOINTMENT OF SUPREME COURT JUDGE ARTICLE 124(2)

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APPOINTMENT OF SUPREME COURT JUDGE ARTICLE 124(2)

WHAT IS JUDICIAL SYSTEM OF INDIA?

  • The Judiciary system of India is law and rules stated for the welfare of citizens.
  • It is responsible to ensure and re-enforce law and order. 
  • The court has the power to make decisions and also enforce the law, solve disputes. 
  • Judiciary system consists of Judges and other magistrates.

COMPONENTS OF JUDICIAL SYSTEM OF INDIA

  • The Indian constitution is the source of law in India and also the supreme law of India.
  •  Judicial System of India consists of
  • Supreme Court     
  • High Court      
  • District Court    
  • Subordinate Court

ARTICLES RELATED TO JUDICIARY

  • Supreme Court: Article 124 to 147
  • High Court: Article 214 to 231
  • Subordinate Courts: Article 233 to 237

ORGANISATION & HISTORICAL BACKGROUND OF SUPREME COURT

    • SC was established in Calcutta under REGULATION ACT OF 1773.
    • After independence: SC was established in Delhi on 28/01/1950
    • Numbers of SC Judges in 1950: 8 (7+1) (Other Judges + CJI)
    • At Present total Judges of SC: 34 (33+1) (Other Judges + CJI)
    • Seat of SC: Article 130

SUPREME COURT JUDGE QUALIFICATIONS

  • Indian Citizenship
  • He should have been judge of any High Court for 5 years.
  • He should have been an Advocate in Higher Judiciary for 10 years.
  • He should be a distinguished jurist in Presidents’ point of view.

 

APPOINTMENT PROCESS SUPREME COURT

1ST JUDGE CASE, 1982

  • SC Judge will be appointed by the President.
  • President has to take the advice from CJI, which was not binding on the President.

2nd JUDGE CASE, 1993

  • SC Judge will be appointed by the President.
    • President has to take the advice from CJI, which will be binding on the President
    • But, CJI also has to take the advice from 2 senior most SC Judges.

3rd JUDGE CASE, 1998

  • SC Judge will be appointed by the President.
    • President has to take the advice from CJI, which will be binding on the President.
    • But, CJI also has to take the advice from 4 senior most SC Judges.
    • Out of Total Judges, at least 3 judges have to give positive suggestion.
  • Note: SC judge Appointment & Oath: By President.