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26th August 2025 (20 Topics)

Supreme Court Collegium

Context:

The Supreme Court Collegium headed by CJI B.R. Gavai has recommended the elevation of Justices Alok Aradhe and Vipul Manubhai Pancholi as judges of the Supreme Court.

Appointment of Supreme Court Judges:

Constitutional Provisions

  • Article 124(2): Judges of the Supreme Court are appointed by the President after consultation with judges of the SC and HC as deemed necessary.
  • Article 124(3): Qualifications for appointment:
    • Must be a citizen of India.
    • At least 5 years as a High Court judge (single or multiple HCs) OR
    • At least 10 years as an advocate in High Court(s) OR
    • Distinguished jurist.

Collegium System (Judicial Appointments)

  • Not in Constitution ? evolved through judicial pronouncements (Judges Cases).
  • Composition: Chief Justice of India + four senior-most SC judges.
  • Recommends:
    • Appointments to SC & HCs.
    • Elevation of judges.
    • Transfers between HCs.

Evolution (Judges Cases):

  • First Judges Case (1981): Executive primacy in appointments.
  • Second Judges Case (1993): Collegium system established – primacy of judiciary.
  • Third Judges Case (1998): Expanded collegium to CJI + 4 senior-most SC judges.
  • NJAC Judgment (2015): Struck down the 99th Amendment & NJAC Act ? reaffirmed Collegium supremacy.

Composition and Strength

    • Originally:1 CJI + 7 judges (Constitution, 1950).
    • Increased gradually through amendments (21, 26, 30, etc.).
    • Present sanctioned strength (as per The Supreme Court (Number of Judges) Amendment Act, 2019): 34 judges (1 CJI + 33 others).

Tenure, Resignation & Removal

  • Tenure: Till age 65 years (Article 124).
  • Resignation: To the President, any time before 65 years.
  • Removal (Impeachment):
    • By President on Parliament’s address.
    • Requires Special Majority (Article 124(4)):
      • Majority of total membership of the House, AND
      • Not less than two-thirds of members present and voting.
    • Grounds:Proved misbehaviour or incapacity.
    • Procedure regulated by Judges (Inquiry) Act, 1968.

Salaries & Allowances

  • Charged on Consolidated Fund of India (thus not subject to vote in Parliament ? ensures independence).
  • Determined by Parliament through law.
  • Privileges include allowances, pension, and housing.

Oath of Office

  • Taken before the President or a person appointed by him.
  • Commitment:
  • To bear true faith and allegiance to the Constitution.
  • To uphold sovereignty and integrity of India.
  • To perform duties without fear, favour, affection, or ill-will.

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