4.4.1 Supreme Court and High Court: Composition

 

Supreme Court and High Court: Composition


1. Composition of the Supreme Court of India

(Articles 124–147)

The Supreme Court is the highest judicial authority in India and the final interpreter of the Constitution.

1. Number of Judges

  1. The Supreme Court consists of the Chief Justice of India (CJI) and

  2. A maximum of 33 other judges, making the total strength 34.

2. Appointment of Judges

  • Judges are appointed by the President of India.

  • Appointment follows the Collegium System, which includes:

    • Chief Justice of India

    • Four senior-most Supreme Court judges

3. Qualifications for Judges

A person must:

  1. Be a citizen of India

  2. Have served as a High Court judge for at least 5 years, or

  3. Have practiced as a High Court advocate for at least 10 years, or

  4. Be a distinguished jurist (in the President’s opinion)

4. Tenure

  • Judges hold office until the age of 65 years.

  • They can resign by writing to the President.

  • Removal is possible only through impeachment for “proved misbehavior or incapacity.”

5. Chief Justice of India

  • Appointed by the President, generally following the seniority principle.

  • Heads the judicial system and administrative functions of the Court.

2. Composition of the High Court

(Articles 214–231)

Each state (or group of states) has a High Court as the highest judicial authority at the state level.

1. Number of Judges

  • Each High Court consists of:

    1. Chief Justice of the High Court

    2. Other Judges (number varies based on workload)

  • Judges are of two types:

    • Permanent Judges

    • Additional Judges (appointed temporarily for 2 years to manage increased workload)

2. Appointment of Judges

  • Appointed by the President of India.

  • The President consults:

    • Chief Justice of India

    • Governor of the State

    • Chief Justice of the High Court (for judges other than the CJ)

3. Qualifications for Judges

A person must:

  1. Be a citizen of India

  2. Have held a judicial office for at least 10 years, or

  3. Have practiced as a High Court advocate for at least 10 years

4. Tenure

  • Judges serve until the age of 62 years.

  • They can resign by writing to the President.

  • They can be removed only through impeachment, similar to Supreme Court judges.

5. Chief Justice of High Court

  • Appointed by the President in consultation with the CJI and Governor.

  • Responsible for administrative control over the High Court and subordinate courts.

 Conclusion (2–3 lines for 10 marks)

Both the Supreme Court and High Courts are essential pillars of India’s judicial structure.
Their composition ensures independence, expertise, and efficiency, allowing them to uphold justice and protect the Constitution.




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