What are qualifications of Supreme Court Judge?
Q. Which of the following is/are true?
1) To be appointed a Supreme Court Judge, a person has to be judge of a high court for at least 5 years.
2) Presidential reference need to be decided by a Bench of at least 7 judges.- Published on 03 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Only 1
Appointing Chief Justice of India -
- Senior-most judge of the Supreme Court used to be made the Chief Justice of India from 1950 to 1973.
- But in 1973, A. N. Ray was appointed as the Chief Justice of India by superseding three senior judges.
- Again in 1977, M. U. Beg was appointed as the CJI by superseding the then senior-most judge.
- But the Supreme curtailed this discretion of the government in the Second Judges Case (1993), where the Supreme Court ruled that the senior-most judge of the Supreme Court should alone be appointed to the office of the Chief Justice of India.
Qualifications of Judges -
A person shall not be qualified for appointment as a Judge of the Supreme Court unless -
1. he is a citizen of India;
2. has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
3. has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
4. is, in the opinion of the President, a distinguished jurist.
- There is no prescribed minimum age for appointment as a judge of the Supreme Court.
Seat of Supreme Court -
- The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India with the approval of the President, may decide.
- This is not a mandatory provision.
Procedure of the Court -
- The Supreme Court’s procedure and practice can be regulated by itself with the approval of the president.
- A Bench of at least 5 judges is needed to decide Constitutional cases or references made by the President under Article 143.
- A Bench of 3 or more judges decide rest of the cases.
- The judgments are delivered by open court and by majority vote.
- If differing, then judges can give dissenting judgements or opinions.
