Composition of high court and supreme court

                                                                 Legal Affairs ⚖️

article no - 2

topic - composition of supreme court and high court

🏛️ Supreme Court of India

📌 Constitutional Basis:

• Article 124 to 147 of the Constitution of India deal with the Supreme Court.

👥 Composition:

• Chief Justice of India (CJI)

• Maximum of 33 other Judges

✅ Total sanctioned strength: 34 judges (including the CJI)

The number of judges can be changed by Parliament through legislation. The current strength was fixed by the Supreme Court (Number of Judges) Amendment Act, 2019.

🏢 Appointment:

• Appointed by the President of India

• Appointments are made based on the recommendation of the Collegium system (CJI + 4 senior-most judges)

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⚖️ High Courts in India

📌 Constitutional Basis:

• Articles 214 to 231 of the Constitution deal with High Courts.

👥 Composition:

• Each High Court consists of:

  • Chief Justice of the High Court

  • Other judges as deemed necessary by the President of India

✅ No fixed number across all High Courts — it varies depending on the size and needs of the state or union territory the court serves.

The strength of judges in each High Court is determined by factors like the number of cases, population, and recommendations by the Law Commission.

🏢 Appointment:

• Judges are appointed by the President of India

• After consultation with:

  • Chief Justice of India

  • Governor of the respective state

  • Chief Justice of the High Court (for appointing judges other than the Chief Justice)

🏛️ Removal of Supreme Court Judges (Including Chief Justice of India)

• • 📌 Constitutional Provision:

    • Article 124(4) of the Constitution of India

    ✅ Grounds for Removal:

    • Proved misbehaviour or

    • Incapacity

    ⚙️ Process of Removal (Impeachment):

    1. Initiation:

       • A removal motion must be signed by:

         • 100 Members of Lok Sabha or

         • 50 Members of Rajya Sabha

       • Submitted to the Speaker (Lok Sabha) or Chairman (Rajya Sabha)

    2. Admission & Inquiry:

       • If accepted, an inquiry committee is set up, consisting of:

         • A Supreme Court judge

         • A Chief Justice of a High Court

         • A distinguished jurist

    3. Committee Report:

       • If the committee finds the judge guilty, the motion proceeds.

    4. Parliamentary Approval:

       • The motion must be passed in both Houses of Parliament:

         • By a majority of the total membership of the House, and

         • By a 2/3rd majority of members present and voting

    5. Presidential Order:

       • If passed, the motion is sent to the President of India, who issues an order for removal.

    🔒 Note: This is the only way a Supreme Court judge, including the Chief Justice, can be removed.

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    ⚖️ Removal of High Court Judges (Including Chief Justice of a High Court)

    📌 Constitutional Provision:

    • Article 217(1)(b) read with Article 124(4)

    ✅ Grounds & Procedure:

    • Same as Supreme Court Judges: Proved misbehaviour or incapacity

    • The process of removal is also identical:

      • Motion in Parliament → Inquiry → 2/3rd majority in both Houses → Presidential order

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    📌 Important Notes:

    • No judge of the Supreme Court or High Court has ever been removed so far, though a few have faced inquiry proceedings.

    • This process is deliberately complex and strict to safeguard judicial independence from political pressure.

 

🅾: Prathamgupta_23                                                                                             - Pratham Gupta