Supreme Court Judges

Supreme Court Judges

Context: The Supreme Court Collegium on Monday recommended the names of the Chief Justices of two High Courts and a judge of the Bombay High Court for elevation to the Supreme Court.

 Important Pointers: 

 Composition and Strength of the Supreme Court: 

  • Original Strength: The Supreme Court was originally composed of 8 judges (1 Chief Justice + 7 judges). 

  •  Current Strength: The sanctioned strength is 34 judges (1 Chief Justice + 33 judges). 

  •  Working Strength (May 2025): The working strength is 31, set to reduce to 30 after Justice Bela Trivedi's retirement on June 9, 2025.Recent Appointments (May 2025) 

  • Collegium Recommendation (May 2025): Justices N.V. Anjaria, Vijay Bishnoi, and A.S. Chandurkar have been recommended for elevation to the Supreme Court. 

  • Collegium System: 

  •  Composition: The SC collegium includes the Chief Justice of India and the four senior-most judges of the Supreme Court. 

  • Purpose: It decides on appointments, elevations, and transfers of judges in the higher judiciary. 

  •  Legal Basis: The term "collegium" is not in the Constitution, but was evolved through Supreme Court judgments (Three Judges Cases). 

  • Qualifications for Appointment (Article 124(3)) 

  •  Eligibility: 

  • Must be a citizen of India. 

  • Must have been a High Court judge for 5 years, or 

  • An advocate of a High Court for 10 years, or 

  • A distinguished jurist in the opinion of the President. 

Appointment Procedure: 

  • Article 124(2): Judges are appointed by the President after consulting the Judges of the SC and HCs. 

Tenure and Retirement: 

  • Tenure: Judges serve until the age of 65 years. 

  •  Resignation: Judges may resign by writing to the President 

  • No Minimum Age: There is no minimum age prescribed for appointment. 

Oath of Office: 

  • Oath: Taken before the President (or appointee), to uphold the Constitution, sovereignty, and integrity of India. 

Salaries and Allowances: 

  • Determination: Set by Parliament and charged on the Consolidated Fund of India. 

Post-Retirement Restrictions: 

  • Practice Barred: Retired SC judges cannot practice law in any court or before any government authority. 

  •  Reappointment (Article 128): Retired judges can be recalled by the CJI with the President's permission to act as SC judges. 

Removal Process: 

  • Grounds: Proven misbehaviour or incapacity. 

  • Process: 

  • Removal by the President after an address by both Houses. 

  • Must be supported by a special majority in each House. 

  •  Parliament’s Role: Parliament can define the procedure for investigation and presentation of the address. 

Future Chief Justices (Based on Seniority): 

  • Justice Surya Kant and Justice Vikram Nath are next in line to be CJIs. 

  •  Justice B.V. Nagarathna is likely to be India’s first woman CJI in 2027.