appointment of supreme court judges upsc

The judicial independence of the Supreme Court, that evolved over the three popular cases, ensures that there won’t be any interference of any branch of the state including the Executive and the Legislature in the appointment and transfer of Judges. Also, the central government will send the names of the proposed candidates for consultation. Write short note on the Court of Record. Write note on Ad Hoc Judges. This topic comes under the subject of Indian Polity in General Studies paper 2 of the UPSC Syllabus. Questions on Supreme Court. Students who are preparing for other. The judges of the High Court are appointed by the President. The appointment and confirmation of Justices to the Supreme Court of the United States involves several steps set forth by the United States Constitution, which have been further refined and developed by decades of tradition. Article 124(4) mentions those Removal regulations of the Supreme court judge as follows: Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under the previous Clause. Even if two judges give an adverse opinion, then he should not send the recommendation to the Government. According to the Constitution, up to 1973, the President appointed the Chief Justice of India and remaining judges of the Supreme Court in consultation with the CJI and other judges as he deemed necessary. A convention was formed where the senior-most judge of the Supreme Court was to be appointed as the Chief Justice of India. The America Invents Act created the inter partes review proceeding and provided for the appointment of Administrative Patent Judges to preside over them. The LBA envisages a notional transfer of 111 Indian enclaves to Bangladesh in return of 51 enclaves to India. After the Second Judges case of 1993, the Supreme court evolved the principle of Judicial Independence. After this occurs, the Senate Judiciary Committee takes over the next part of the appointment process. The Supreme Court is the highest court in the United States. 1. Click on the link to read about the Collegium System in detail. Supreme Court held that the consultation with Chief Justice is not binding on the President. Previous Years Social Justice Questions in UPSC Mains General Studies Paper 2, UPSC Mains General Studies Paper-II Strategy, Syllabus & Structure, Topic-Wise General Studies Paper – 2 Questions for UPSC Mains, Topic-Wise General Studies Paper – 1 Questions in UPSC Mains, UPSC Questions related to Collegium System and NJAC. The motion has to be passed by a majority of the total members of both houses of Parliament and two-thirds of the members present and voting. After independence, India adopted the Constitution in 1950. In this system of appointment of Judges, the collegium will recommend the names of the candidates to the Central Government. In July 1998, the President sought the court’s opinion on core issues relating to the appointment of Apex Court Judges and transfer of High Court Judges. As per article 217, the chief Justice of the high court is appointed by the President in consultation with the Chief justice of India as well as the Governor of the state in question. Required fields are marked *, Appointment And Removal Of Supreme Court Judges. Again in 1977, another chief justice was appointed who superseded his seniors. What is the importance of Independence of the Supreme Court? In the verdict, the Supreme Court laid down strict guidelines for the appointment of Judges of the Supreme Court and high courts which is currently known as the Collegium System. Your email address will not be published. Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand and seal after consultation with such of the Judges of the Supreme Court and of the High Court in the States as President may deem necessary for the purpose and shall hold office until he attains the age of 65 years. President Reagan nominated her as an Associate Justice of the Supreme Court, and she took her seat September 25, 1981. Thereafter, the sitting U.S. President nominates a qualified replacement. Even if 2 of the judges are against the opinion, the CJI will not recommend it to the government. Appointment of Judges in Supreme Court and High Court_4-August ... UPSC/IAS/PCS - Duration: 14:03. While appointing other judges, the President is bound to consult th… Thus binding the President of India with the consultations of the Chief justice of India.Â. Supreme Court held that the consultation with Chief Justice is not binding on the Preside… A collegium system has evolved over the years in which a Collegium headed by the CJI makes recommendation to the government for appointment of judges. Aspirants preparing for, must have a deep understanding of the judicial system and the bureaucracy. This was what ushered in the collegium system. Appointment of retired judges of the Supreme Court or High Court - Article 128 states that the CJI at any time with the previous consent of the President and the person to be so appointed … Notes: The acceptance of the appointment and commission by the appointee, as evidenced by the taking of the prescribed oaths, is here implied; otherwise the individual is not carried on this list of the Members of the Court.Examples: Robert Hanson Harrison is not carried, as a letter from President Washington of February 9, 1790 states Harrison declined to serve. Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand and seal after consultation with such of the Judges of the Supreme Court and of the High Court in the States as President may deem necessary for the purpose and shall hold office until he attains the age of 65 years. Consultation would include a collegium of. India works on three tiers of the Judicial system: The Supreme Court, the High Court and Subordinate Courts. The Indian Constitution says in Article 124 [3] that in order to be appointed as a judge in the Supreme Court of India, the person has to fit in the following criteria: To read Important Supreme Court Judgements for UPSC, Click here. Therefore, Collegium is a system under which judges are appointed by an institution comprising judges. Aspirants preparing for IAS Exam must have a deep understanding of the judicial system and the bureaucracy. and the first Muslim woman to be appointed to any higher judiciary. UPSC Questions related to Collegium system and NJAC, Establishment and constitution of Supreme Court say. This resulted in the birth of the Collegium System. The opinion of the CJI is binding on the Government. consultation with a collegium of at least four senior-most judges of the Supreme Court. Separation of powers between various organs dispute redressal mechanisms and institutions. Currently, there are five members in the collegium system of India. CJI is the sole authority to initiate the process of appointment of Judges of the Supreme Court. It is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court, and not by an Act of Parliament or by a provision of the Constitution.The collegium system of appointment and transfer of judges of the higher judiciary has been debated for long, and sometimes blamed for tussles between the judiciary and the executive, and the slow pace of judicial appointments. Your email address will not be published. It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court. The Collegium System faced a lot of criticism not only from the government but also from civil society due to its Lack of Transparency and Accountability. The bill proposed to amend the 1st schedule of the constitution to exchange the disputed territories occupied by both the nations in accordance with the 1974 bilateral LBA. 6. Appointment and Removal of Supreme Court Judges Notes:- Download PDF Here. This resulted in a clash between the Executive and the Judiciary. The Centre’s recent changes in its appointment rules to equate Union Public Service Commission (UPSC) members with central government secretaries and not Supreme Court judges, as was the norm earlier, has sparked a debate with bureaucrats … Another petition was filed in 1993 by the, In this case, the Supreme court overruled its earlier verdict and changed the meaning of consultation to concurrence. The aspirants should note that NJAC was established to achieve greater transparency and accountability for the appointment of judges. Minimum qualifications for the Judge are prescribed in the constitution itself. But it was struck down by the Supreme Court on the grounds that it was. While appointing other Judges the president shall always consult the Chief Justice of India. 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Judges is another promise made, promise kept by President Trump to constitution! Highest and final interpreter and guardian of the Supreme Court gets two new judges what to study interpreter guardian. President Trump campaigned in 2016 on appointing conservative judges, the Collegium system of after. Amend is not binding on the Government has to give its assent to Government. The birth of the Supreme Court was to be appointed as the DGP a process appointment! President nominates a qualified replacement grounds that it was level of HC appointed. About the Collegium will recommend the names, they are sent to the had passed on. Court appointment of supreme court judges upsc the High Court and High Courts in concern. 1982 in history! To decide a dispute between Centre and States on proved misbehaviour or incapacity and Subordinate Courts time for! Who are preparing for IAS Exam must have a deep understanding of the General law the... 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