The Supreme Court of India came into being on 28 January 1950. It replaced both the Federal Court of India and Judicial Committee of the Privy Council which were then at the apex of the Indian court system. The first proceedings and inauguration, however, took place on 28 January 1950. Which is thus regarded as the official date of establishment.
Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India, the highest constitutional court, with the power of judicial review. Consisting of the Chief Justice of India and a maximum of 31 judges, it has extensive powers in the form of original, appellate and advisory jurisdictions.
The final court of appeal of the country, it takes up appeals primarily against verdicts of the high courts of various states of the Union and other courts and tribunals. It safeguards fundamental rights of citizens and settles disputes between various government authorities as well as the central government vs state governments or state governments versus another state government in the country. As an advisory court, it hears matters which may specifically be referred to it under the constitution by President of India.
Eligibility of a judge of the Supreme Court
He/ Her Must be citizen of India not exceeding 65 years age as per Article 124 of the constitution who has been
- a judge of one high court for at least 5 years, or
- an advocate there, for at least 10 years, or
- a distinguished jurist, in the opinion of the president, power conferred by clause(2) of article 124 of the Constitution of India is eligible to be recommended for appointment, a judge of the supreme court.
Tenure of the Supreme Court Judge
Supreme court judges retire at the age of 65. However, there have been suggestions from the judges of the Supreme Court of India to provide for a fixed term for the judges including the Chief Justice of India.class=”reference”>
Supreme Court Judge Salary
Article 125 of the Indian constitution leaves it to the Indian parliament to determine the salary, other allowances, leave of absence, pension, etc. of the supreme court judges. However, the parliament cannot alter any of these privileges and rights to the judge’s disadvantage after his/her appointment. A judge of the supreme court draws a salary of 250,000 per month, Equivalent to the most-senior civil servant of the Indian government, Cabinet Secretary of India while the chief justice earns 280,000 per month.
Removal of Judge
Article 124(4) of the constitution, President can remove a judge on proved misbehaviour or incapacity when parliament approves with a majority of the total membership of each house in favour of impeachment and not less than two thirds of the members of each house present. For initiating impeachment proceedings against a judge, at least 50 members of Rajya Sabha or 100 members of Lok Sabha shall issue the notice as per Judges (Inquiry) Act,1968. Then a judicial committee would be formed to frame charges against the judge, to conduct the fair trial and to submit its report to parliament. When the judicial committee report finds the judge guilty of misbehaviour or incapacity, further removal proceedings would be taken up by the parliament if the judge is not resigning himself. The judge upon proven guilty is also liable for punishment as per applicable laws or for contempt of the constitution by breaching the oath under disrespecting constitution.