Supreme Court

Supreme Court

Under the Constitution of India, the Supreme Court is the premier judicial court of the country. It is recognized as the highest constitutional court in the country. Additionally, the Supreme Court is also considered to be the most powerful public institution in India. It takes up appeals which are mainly against the decisions given by the High Courts of various states as well as other courts. The Supreme Court is responsible for protecting the fundamental rights of citizens. Its role is to resolve disputes amongst different government authorities, and also handle matters between the central government viz-a-viz state governments or state governments from two different states.

The Supreme Court is headed by the Chief Justice of India and can consist maximum of 30 other judges who are appointed by the President. The retirement age for Supreme Court judges is 65 years. To become a Supreme Court judge, an individual must be a citizen of India. They also must have been a Judge of a High Court or two or more such courts in succession for at least 5 years. Alternately, they could be an advocate of a High Court, or of two or more such courts in succession for a minimum period of 10 years or they must be a distinguished jurist in the opinion of the President.

The independent functioning of Supreme Court Judges is ensured by the Consitution of India. A judge can only be removed from their position if an order is passed by the President. An order of this nature can be passed only after an address in both houses of Parliament is approved by a majority of the members in that house and by a majority of minimum two-thirds of members present and voting. If approved, it is sent to the President in the same session for removal based on proven misbehavior and/or incapability to perform their role. Once a person has been appointed a Judge of the Supreme Court, they are not allowed to practice in any court of law or before any other authority in India.