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ICSE Class 10 Answered

With reference to the composition and organisation of the Supreme Court, answer the following questions: Appointment of Judges Qualifications required for appointment of Judges Term of Office and removal of Judges
Asked by Topperlearning User | 08 Mar, 2016, 03:11: PM
answered-by-expert Expert Answer
  1. Our Constitution makes it necessary for the executive to consult qualified judges for the appointment of the Supreme Court judges. Therefore, all the Supreme Court judges are appointed by the  President after consulting with the Prime Minister and his Council of Ministers.. Every Judge of the Supreme Court is appointed only after the President has consulted the Chief Justice and other Judges of the Supreme Court and of the High Court. The Chief Justice appointed is the senior most judge of the Supreme Court.  When the Chief Justice is unable to perform the duties of his office, by reason of absence or otherwise, the President appoints another Judge of the Supreme Court as the acting Chief Justice.
  2. A person can qualify to become the Judge of the Supreme Court if he/she:
    1. Has been for at least five years a Judge of High Court or of two more such courts in succession; or
    2. Has been for at least then years an advocate of a High Court or two or more such courts in succession; or
    3. Is, in the opinion of the President, a distinguished jurist.
  3. Term of Office: A judge of the Supreme Court and Chief Justice of India hold office till the completion of 65 years of age. A Judge can resign from his office, by submitting his resignation letter to the President.

Removal of Judges: A judge can resign from his office by giving it to him in writing. He can be removed from the office only if the President finds him guilty of misusing his power or misbehaving or acting against the provisions of the Constitution. But this can be done only after an address by each House of Parliament supported by a majority of not less than two-thirds of the members of the House that are present and voting for such removals.

Answered by | 08 Mar, 2016, 05:11: PM
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