Qualification/Eligibility of Judges in Supreme Court and State Judiciary for CLAT - Practice Questions & MCQ

Constitutional Provisions:

Article 124 (Supreme Court Judges):

• Article 124 of the Indian Constitution outlines the qualifications and eligibility criteria for individuals aspiring to become judges of the Supreme Court.
• To be eligible for appointment as a Supreme Court judge, a candidate must fulfill the following qualifications:
  • Be a citizen of India.
  • Have served as a judge in one or more high courts for at least five years, or
  • Have been an advocate in one or more high courts for at least ten years, or
  • Be an eminent jurist in the opinion of the President of India.

Article 217 (High Court Judges):

• Article 217 of the Indian Constitution addresses the qualifications and eligibility criteria for individuals aspiring to become judges of State High Courts.
• To be eligible for appointment as a high court judge, a candidate must meet the following qualifications:
  • Be a citizen of India.
  • Have practiced as an advocate in one high court for at least ten years, or
  • Have practiced as an advocate in two or more high courts in succession for at least seven years, or
  • Be a distinguished jurist in the opinion of the President.

Interpretation of Qualifications:

Distinguished Jurist:

• The term "distinguished jurist" used in Article 124 (for the Supreme Court) and Article 217 (for High Courts) has been subject to judicial interpretation.
• In the case of "All India Judges' Association v. Union of India (2002)," the Supreme Court clarified that a distinguished jurist need not be narrowly defined and could encompass legal experts who have made significant contributions to the field of law.

Additional Provisions and Disqualifications:

Office of Profit:

• Judges are prohibited from holding any other office of profit during their tenure.
• This provision aims to ensure that judges can focus entirely on their judicial duties without any conflicts of interest.

Age of Retirement:

• The Constitution specifies the age of retirement for judges. Supreme Court judges retire at the age of 65, while high court judges retire at 62.
• This provision is in place to ensure that there is a continuous influx of new talent into the judiciary.

Disqualifications:

• The Constitution lists various disqualifications for judges, including insolvency, unsoundness of mind, or being the subject of disciplinary proceedings.
• These disqualifications can lead to the removal of a judge from their position.

Significance:

• The qualification and eligibility criteria for judges in the Supreme Court and State High Courts are essential to ensure that individuals appointed to these positions possess the necessary legal acumen, experience, and integrity to uphold justice and the rule of law.
• These criteria also play a crucial role in maintaining the independence of the judiciary from external influences, such as political or executive interference.