The founders of the constitution maintained the independence of these three organs to guarantee openness and equitable treatment inside the system. The Judiciary serves as a defender of the Constitution and is the final arbiter of interpretation of the rights. Additionally, it can act as a check on the executive and legislative branches to make sure no one oversteps their authority. The Constitution guarantees the impartiality of the court under all conditions.
When disputes arise between the various federation components, the Supreme Court is called upon to mediate them. It has the authority to make final decisions on all legal issues since it is the highest authority and the final interpreter of the law. All lesser courts are required to abide by its rulings. It can examine legislative and executive branch actions using its judicial review authority.
The Constitution's Article 124
The Supreme Court will be established with one Chief Justice of India and only seven judges, unless the Parliament by law specifies extra judges. This is outlined in the first section of this article.
The Chief Justice of India will be chosen by the President following consultation with other judges whom he deems appropriate, according to the second section of this article. The Chief Justice will serve in this capacity until he becomes 65. On the other hand, when the president names the other justices, he must consider the Chief Justice's recommendation.
Part 2(a) of this article states that a judge may retire from office by writing to the President, whereas Part 2(b) of this article states that the judge may be removed by the clause 4 provision.
The Chief Justice of India's appointment
Article 124(2) states that the President of India will appoint the Chief Justice of India, and in carrying out that responsibility, the President shall consult with the judges of the Supreme Court and any High Courts as deemed appropriate. There needs to be a warrant for it for the president as well. With time, numerous modifications were made to the Chief Justice appointment provision.
Court's composition
Article 124(2) stipulated that there may only be seven judges; nevertheless, the parliament passed a bill mandating and amending the number of judges to thirty-one, which includes the Chief Justice of India. The reasoning behind this was that the Judiciary's seven judges would not be able to handle all of the work that had to be done. More judges are needed for the system to function effectively; otherwise, cases would continue to mount and instances of unfairness will persist.
Judges' qualifications
Article 124, Clause 4, provides the following list of requirements for the qualifications of Supreme Court judges:
The individual,
Ought to be an Indian citizen
Should have served as a judge for a minimum of two courts consecutively or the High Court for five years.
Should have been a renowned jurist in the President's view, and should have argued cases before the High Court or at least two courts in succession for ten years.
And ought to be regarded by the President as a distinguished jurist.
Judges' Tenure and Removal
The Supreme Court judges will continue to serve in their positions until they are 65, as stated in Article 124(2). That is, they will retire at 65 years of age.
Regarding the removal, Article 124(4) states that a judge may be removed on the grounds of a proven misdemeanor. To carry out this procedure, the President must issue an order, which must then be presented to both houses for approval with a two-thirds majority of members present and voting.
Remember that the President needs to be shown to be either guilty or incompetent for his actions. The inquiry process for the same issue can demonstrate it, and the next steps must be outlined in a bill passed by the Parliament. Article 124(5) grants the Parliament this authority.
The Indian Constitution established the principle of the separation of powers, and its key tenet was the judiciary's independence. In contrast, India saw instances where the independence of the court and the separation of powers were violated, such as the First, Second, and Third Judges Cases. Nevertheless, the judiciary remained autonomous following each incident.
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