Composition of Judges in Supreme Court and State Judiciary for CLAT - Practice Questions & MCQ

• Judges are individuals appointed to preside over legal proceedings in courts of law. 
• They play a crucial role in the judicial system, ensuring that justice is administered fairly and impartially.
• In India, judges serve in various levels of the judiciary, including the Supreme Court, High Courts, and subordinate courts. 

Role of Judges in India:

• Adjudication: Judges are responsible for hearing cases, evaluating evidence, and applying the law to make decisions in legal disputes. Their primary role is to determine guilt or innocence in criminal cases and liability or innocence in civil cases.
• Impartiality: Judges are expected to be impartial and neutral. They must not be biased or have a vested interest in the outcome of a case. Impartiality ensures that all parties receive a fair hearing and equal treatment under the law.
• Interpreting and Applying the Law: Judges interpret and apply laws, including the Indian Constitution, statutes, and legal precedents (case law), to resolve legal issues. Their decisions set legal precedents that guide future cases.
• Presiding Over Proceedings: Judges preside over court proceedings, maintain decorum, and ensure that the rules of procedure are followed. They have the authority to make rulings on matters such as evidence, objections, and motions.
• Issuing Judgments: After hearing arguments and considering evidence, judges issue judgments or verdicts, which state the court's decision and the legal reasoning behind it. These judgments are binding and enforceable.
• Sentencing: In criminal cases, judges determine the appropriate punishment for convicted individuals. They consider factors like the severity of the crime and the offender's circumstances when imposing sentences.

Importance of Judges in the Indian Legal System:

• Dispensing Justice: Judges are the cornerstone of the justice system. Their role is to ensure that disputes are resolved fairly and in accordance with the law, thereby upholding the rule of law in society.
• Protecting Rights: Judges play a critical role in protecting the fundamental rights and freedoms of individuals. They safeguard citizens from government overreach and ensure that the law is a shield rather than a weapon.
• Preserving the Constitution: Judges, especially those in the higher courts like the Supreme Court, have the responsibility of safeguarding the Indian Constitution. They interpret and uphold constitutional principles, ensuring that government actions adhere to the constitutional framework.
• Setting Precedents: Judicial decisions set legal precedents that guide lower courts and future cases. These precedents contribute to the development and evolution of the legal system in India.
• Checks and Balances: Judges provide a system of checks and balances on the executive and legislative branches of government. They have the authority to strike down laws that violate the Constitution and ensure that government actions are lawful.
• Ensuring Accountability: Judges hold individuals and entities accountable for their actions. They provide a forum for seeking redress and justice in cases of wrongdoing or harm.

Key bases for the composition of judges in India:

• The composition of judges in India is primarily based on the principles and provisions laid out in the Indian Constitution, as well as established legal procedures and conventions. Here are the key bases for the composition of judges in India:
• Indian Constitution:
  • The Indian Constitution, in Articles 124 to 147, outlines the composition and functions of the Supreme Court, while Articles 214 to 231 deal with the High Courts.
  • It provides the foundational framework for the appointment, qualifications, and jurisdiction of judges in these courts.
• Appointment by the President:
  • Judges of the Supreme Court and High Courts are appointed by the President of India.
  • The President acts on the advice of the Chief Justice of India (CJI) for Supreme Court appointments and in consultation with the CJI for High Court appointments.

• Recommendations by Collegium:
  • The collegium system, developed through judicial interpretation of the Constitution, plays a significant role in judge appointments.
  • The collegium typically consists of the CJI and a group of senior judges, and it recommends candidates for judicial appointments to the President.

• Qualifications and Eligibility:
  • The Constitution specifies qualifications for judges, including age limits, citizenship, and legal experience.
  • For Supreme Court judges, a person must be a citizen of India and have served as a judge in a High Court for a minimum period or been an advocate in a High Court for a specified duration.
  • High Court judges must meet qualifications related to age and experience in legal practice.

• Independence and Impartiality:
  • The Constitution emphasizes the independence and impartiality of judges, stressing the importance of maintaining the integrity of the judiciary.
  • Judges are expected to act without fear or favor and are subject to certain restrictions on their post-retirement employment to preserve judicial independence.

• Diverse Representation:
  • Efforts are made to ensure diverse representation among judges, considering factors such as gender, caste, and religion to promote inclusivity in the judiciary.

• Retirement Age:
  • The Constitution stipulates a retirement age for judges to ensure a continuous influx of new talent and ideas into the judiciary.
  • Supreme Court judges retire at 65, while High Court judges retire at 62.
• Removal and Discipline:
  • The Constitution also provides mechanisms for the removal of judges, primarily for proven misbehavior or incapacity.
  • The process for removal of judges involves a complex procedure that ensures judicial independence.
• Promotion of Judicial Officers:
  • In the subordinate judiciary (which includes district and sessions judges), judges are often recruited through competitive examinations or promotions from lower judicial ranks.
  • These promotions are based on service and merit.

• Preservation of Judicial Independence:
  • The Constitution and various judicial pronouncements prioritize the independence of the judiciary, which is essential for the proper functioning of the judicial system. Judges are expected to be free from external influences, including political interference.

Composition of Judges in India 

Chief Justice of India (CJI):

• The Chief Justice of India (CJI) is the highest-ranking judge in the Supreme Court and the head of the Indian judiciary.
• The CJI is appointed by the President of India based on seniority among the sitting judges of the Supreme Court.
• The CJI's primary responsibilities include administrative functions, presiding over important cases, and representing the judiciary in various capacities.

Judges of the Supreme Court:

• The total number of judges in the Supreme Court is not fixed and can vary based on legislative changes or the workload of the court.
• Judges of the Supreme Court are appointed by the President of India on the advice of the Chief Justice of India and a collegium of senior judges.
• These judges are typically chosen from individuals with extensive experience in the legal profession, such as distinguished high court judges or accomplished lawyers.

Example from Indian Constitution:

• Article 124 of the Indian Constitution deals with the establishment and composition of the Supreme Court. It outlines the appointment, qualifications, and removal of judges.
• Article 125 specifies the CJI's appointment, oath, and duties.

Case Law Example:

• The "Supreme Court Advocates-on-Record Association v. Union of India" case emphasized the significance of the collegium system in the appointment of judges to the Supreme Court. This case upheld the judiciary's independence in the process and the need for transparency and consensus in judicial appointments.

Composition of Judges in State High Courts:

Each Indian state has its own high court, and the composition of judges in State High Courts is as follows:

Chief Justice of the High Court:

• Each State High Court is headed by a Chief Justice.
• The appointment of the Chief Justice is made by the President of India in consultation with the Chief Justice of India and the Governor of the respective state.

Judges of the High Court:

• The number of judges in each High Court varies based on factors such as the state's population and caseload.
• Judges of the High Court are appointed by the President of India on the advice of the Chief Justice of India, the Chief Justice of the High Court, and the Governor of the state.

Example from Indian Constitution:

• Article 214 of the Indian Constitution deals with the High Courts in states. It outlines the composition, jurisdiction, and powers of High Courts.

Case Law Example:

• The "S.P. Gupta v. Union of India" case, also known as the "Judges' Transfer Case," highlighted the importance of judicial independence and the role of the Chief Justice of the High Court in the appointment and transfer of judges within the state judiciary. This case reinforced the principle of the judiciary's autonomy in administrative matters.