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Constitutional Strength of Supreme Court and High Courts Judges and the Present Status
Team SoOLEGAL 22 Jun 2023

Constitutional Strength of Supreme Court and High Courts Judges and the Present Status

The Hon’ble Supreme Court and High Courts in India play a crucial role in upholding the principles of justice, interpreting the law, and safeguarding the rights and liberties of the citizens. The Supreme Court and High Courts in India form the pillars of the country's judicial system, upholding justice, safeguarding rights, and interpreting the law. The Supreme Court, as the apex court, holds the highest authority and acts as the final appellate court. It ensures uniformity in the interpretation and application of laws throughout the nation, making binding judgments on all other courts. The Supreme Court also exercises original jurisdiction in cases of national importance and constitutional disputes.

On the other hand, the High Courts, spread across different states and union territories, serve as important judicial bodies at the regional level. They have the power of both original and appellate jurisdiction, hearing cases within their respective jurisdictions. They also exercise the power of judicial review, ensuring that laws and government actions are in conformity with the provisions of the Indian Constitution.

India has 25 High Courts, each having jurisdiction over specific states or union territories. Both the courts have the authority to protect and enforce fundamental rights guaranteed by the Constitution. Under Article 32 and 226, the Hon’ble Supreme Court and High Courts respectively can issue writs, such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, to safeguard constitutional rights.

 

1.      How are Judges appointed in Supreme Court and High Courts?

Supreme Court: The President of India, exercising its powers under Article 124 (2) appoints the judges of the Supreme Court by a warrant under his head. The said appointment is done after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.

High Courts: As per Article 217(1), every judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.

 

2.      What is the eligibility to be appointed as a judge in Supreme Court and High Courts?

  

Supreme Court

High Courts

Article 124(3) lays down the eligibility criteria for eligibility to be appointed as a Supreme Court judge:

   a.       A Citizen of India

  b.      He/She has been for at least five years a Judge of a High Court or of two or more such Courts in succession

  c.       He/She has been for at least ten years an advocate of a High Court or of two or more such Courts in succession

   d.      He/She is, in the opinion of the President, a distinguished jurist

Article 217(2) lays down the eligibility criteria for eligibility to be appointed as a High Court judge:

   a.       A Citizen of India

   b.      He/She has for at least ten years held a judicial office in the territory of India

  c.       He/She has for at least ten years been an advocate of a High Court or of two or more such Courts in succession

 

 

 

3.      What is the retirement age of Supreme Court and High Courts Judges?

Supreme Court

High Courts

As per Article 124(2), the retirement age of a Supreme Court judge is 65 years

As per Article 217(1), the retirement age of a High Court judge is 62 years

 

 

4.      What is the Sanctioned Strength of Judges in the Supreme Court of India and the High Courts?

Supreme Court

High Courts

As per Section-2 of The Supreme Court (Number of Judges) Act, 1956, the maximum number of Judges of the Supreme Court, excluding the Chief Justice of India, shall be 33 (thirty-three). This section was amended recently in 2019.

The Constitution of India does not specify the strength of judges in a High Court; rather it leaves to the discretion of the President. Recently, through a PIB circular by Ministry of Justice dated 24.03.2023, it was stated that against a total sanctioned strength of 1114 judges, only 785 vacancies are fulfilled.

 

5.      What is the Collegium system?

The collegium is a system of appointment and transfer of judges which has been developed through various judgments. The Supreme Court collegium is headed by the Chief Justice of India (CJI) and also comprises of 4 senior most judges of the Supreme Court. The High Court collegium is headed by the incumbent Chief Justice of the High Court and also consists of 2 senior-most judges of the concerned High Court.

The collegiums system has been developed by various pronouncements starting from 1st Judges Case i.e. S.P. Gupta v. Union of India, 1981 Supp SCC 87 to 4th Judges case i.e. Supreme Court Advocates-on-Record Assn. v. Union of India, (2016) 5 SCC 1. 

For more information on this aspect, please contact us on +91 9810929455 or mail us at info@soolegal.com

 

We have tried to cover as many questions as possible. However, in case we have missed any, please reach out to us at +91 9810929455 or mail us at info@soolegal.com.

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