SC JUDGES RULES

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• The Union Ministry of Law and Justice has permitted the retired Chief Justice of India to rent-free Type-VII accommodation in Delhi for 6 months from the date of superannuation.
  • This provision was introduced by amending the Supreme Court Judges Rules of 1959 in the exercise of powers conferred on it under the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.
• The Ministry also highlighted that the amended Rules would provide a chauffeur, a secretarial assistant and security cover to retired Chief Justice and Judges of the Supreme Court for a year from the date of retirement.
  • This will be in addition to his or her personal security guard.

Supreme Court

• Articles 124 to 147 deal with the independence, jurisdiction, powers, procedures, etc of the Supreme Court under part V of the Indian Constitution.
• Currently, the Supreme Court of India can maximums have 34 judges (1 chief justice and 33 other judges).
  • The Union government has increased the number of Supreme Court judges from 31 to 34, including the Chief Justice of India in 2019.
• A person shall be qualified for appointment as a Judge of the Supreme only if he/she meets all the following criteria:
  • Is a citizen of India.
  • Has been for at least five years a judge of a High Court or two such Courts in succession; or
  • Has been for at least ten years an advocate of a High Court or two or more such Courts in succession or is, in the opinion of the President, a distinguished jurist.
• Every person appointed to be a Judge of the Supreme Court shall make an oath or affirmation according to the form set out in the 3rd Schedule of the Constitution.
• The Indian Constitution does not specify a minimum age limit for a judge to occupy his/her office.
  • A Supreme Court judge continues to hold the office till he/she attains the age of 65 yrs.
• A Judge of the Supreme Court may tender his/her resignation to the President even before he/she reaches the age of 65 years.
• After retirement, the Supreme Court Judge shall not do legal practice in any court in Indian Territory.
• The retired chief justice and judges are qualified to 50 %  of their last drawn salary as a monthly pension.

Collegium System for the appointment of Judges

• Under the Collegium System, appointments/elevation of judges/lawyers to the Supreme Court and transfers of judges of High Courts and Apex Court are decided by a panel of the Chief Justice of India and the four senior-most judges of the Supreme Court.’
• The word ‘Collegium’ is nowhere mentioned in the Indian Constitution, it has come into force as per Judicial Pronouncement.

Evolution of Collegium System

• Under the Constitution, The Judges of the Supreme Court are appointed by the president. The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary.
  • The other judges are appointed by the president after consultation with the chief justice and other judges of the Supreme Court and the high court as he deems necessary.
  • The consultation with the chief justice is obligatory in the case of the appointment of a judge other than the Chief justice
• First judges case (1982): The Supreme court held that consultation does not mean agreement and it only means an exchange of views.
• Second judges case (1993): The court changed its earlier ruling and changed the meaning of the word consultation to consensus.
  • It ruled that the advice tendered by the CJI is binding on the President in matters of appointment of SC judges. But any such advice would be tendered after CJI consults with two of his most senior judges.
• Third judges case (1998): The consultation process should be based on the plurality of judges.
  • CJI should consult a Collegium of four senior-most judges before making a recommendation to the President and even if two judges give an unfavourable opinion, he should not send the proposal to the President.

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