Judges

The essentials

The quality of justice depends on how judges are selected, trained, and protected in office. Judges of the Supreme Court and High Courts are appointed by the President. Since the Second Judges Case (1993) and the Third Judges Case (1998), appointments are made on the recommendation of a collegium of senior judges. In 2015 the Supreme Court struck down the National Judicial Appointments Commission (NJAC) and the 99th Constitutional Amendment, so the collegium system continues.

Key points

• Supreme Court collegium: the Chief Justice of India and four senior-most judges.
• Qualifications for the Supreme Court: a citizen of India who has been a High Court judge for five years, or an advocate of a High Court for ten years, or a distinguished jurist in the President's opinion.
• Retirement age: 65 years for Supreme Court judges; 62 years for High Court judges.
• Removal: only on grounds of proved misbehaviour or incapacity, by an order of the President after an address passed by each House of Parliament with a special majority (a majority of total membership and two-thirds of members present and voting) in the same session. The Judges (Inquiry) Act, 1968 lays down the inquiry procedure.
• Subordinate judges: District Judges are appointed by the Governor in consultation with the High Court; other judicial officers are recruited through state judicial service examinations.
• Training: the National Judicial Academy at Bhopal and State Judicial Academies train judicial officers.
• After retirement: a retired Supreme Court judge cannot plead before any court in India.

Exam tips

• Learn the sequence of the Judges Cases: First (1981), Second (1993), Third (1998), Fourth/NJAC case (2015).
• "Impeachment" is a popular word, but the Constitution actually speaks of removal by an address of Parliament.

Common mistakes

• Mixing up retirement ages (65 for Supreme Court, 62 for High Court).
• Thinking a simple majority is enough to remove a judge.