Supreme Court Judges of India: Role, Appointment & Powers
The Supreme Court of India is the highest judicial authority in the country and acts as the guardian of the Constitution. Established on 26th January 1950, the Supreme Court ensures the protection of fundamental rights, interprets laws, and maintains the rule of law in India. At the heart of this institution are the Supreme Court judges, who are entrusted with significant responsibilities and powers.
In this detailed blog post, we will cover the role, appointment process, powers, tenure, salary, removal, and importance of Supreme Court judges in India.
1. Introduction to the Supreme Court of India
The Supreme Court of India is the apex judicial body established under Part V, Chapter IV of the Indian Constitution. It acts as the final court of appeal and plays a vital role in protecting the fundamental rights of citizens under Article 32.
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Established On: 26th January 1950
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Location: Tilak Marg, New Delhi
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Current Strength: 34 judges, including the Chief Justice of India (CJI)
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Head: Chief Justice of India
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Authority: Constitution of India
The court deals with civil, criminal, constitutional, and other significant matters, making its judges some of the most influential figures in the Indian judiciary.
2. Composition of the Supreme Court
According to Article 124 of the Indian Constitution, the Supreme Court shall consist of the Chief Justice of India and a maximum of 33 other judges.
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Total Sanctioned Strength: 34 judges (including the CJI)
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Minimum Required Strength: There is no fixed minimum, but the Parliament decides the number based on judicial workload.
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Current Chief Justice of India (2025): Justice D.Y. Chandrachud
This composition ensures that the judiciary can handle complex and high-volume cases efficiently.
3. Role of Supreme Court Judges
Supreme Court judges play a multifaceted role in India’s justice system. Their primary responsibilities include:
a) Guardian of the Constitution
The Supreme Court judges interpret constitutional provisions and ensure that no law or government action violates the Constitution.
b) Protectors of Fundamental Rights
Under Article 32, citizens can directly approach the Supreme Court to protect their fundamental rights. Judges hear such petitions and issue appropriate remedies.
c) Final Court of Appeal
The Supreme Court acts as the highest appellate court in civil, criminal, and constitutional matters. Its verdicts are binding on all lower courts.
d) Judicial Review
Supreme Court judges have the authority to strike down laws, executive actions, or policies that violate constitutional principles.
e) Resolving Inter-Governmental Disputes
Under Article 131, the Supreme Court has original jurisdiction over disputes between the Union and States or between two or more States.
f) Advisory Role
Under Article 143, the President of India can refer matters of public importance to the Supreme Court for its opinion.
4. Appointment of Supreme Court Judges
The appointment of Supreme Court judges in India is governed by Article 124(2) of the Constitution. The process involves both the President of India and the Collegium System.
a) Eligibility Criteria
To be appointed as a Supreme Court judge, a person must:
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Be a citizen of India
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Have served as a High Court judge for at least 5 years, OR
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Have practiced as an advocate in a High Court for 10 years, OR
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Be considered a distinguished jurist by the President
b) Collegium System
The appointment is made through the Collegium System, which consists of:
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The Chief Justice of India
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The four senior-most judges of the Supreme Court
This system was introduced through the Second Judges Case (1993) and reaffirmed in the Third Judges Case (1998).
c) Presidential Role
After the Collegium recommends a candidate, the President of India formally appoints the judge.
d) Oath of Office
The newly appointed judge takes an oath before the President of India or any appointed person under Article 124(6).
5. Tenure, Retirement & Salary of Supreme Court Judges
a) Tenure
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Supreme Court judges do not have a fixed tenure.
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They serve until the age of 65 years as per Article 124(2).
b) Salary & Allowances
As per the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 (amended in 2018):
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Chief Justice of India: ₹2,80,000 per month
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Other Judges: ₹2,50,000 per month
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Additional benefits include:
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Official residence
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Personal staff
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Medical facilities
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Travel allowances
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Pension after retirement
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c) Post-Retirement Restrictions
Judges cannot plead or act in any court after retirement. However, they may be appointed to positions such as:
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Chairman or Member of the Law Commission
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Chairperson of Tribunals
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Governor or member of commissions
6. Powers of Supreme Court Judges
Supreme Court judges derive their powers from the Constitution of India. These powers can be categorized as follows:
a) Original Jurisdiction (Article 131)
Judges hear cases involving disputes between:
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The Union Government and States
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Two or more States
b) Appellate Jurisdiction (Articles 132, 133, 134)
Supreme Court judges hear appeals from High Courts in civil, criminal, and constitutional matters.
c) Advisory Jurisdiction (Article 143)
The judges provide advisory opinions when referred by the President of India on matters of public importance.
d) Power of Judicial Review
They can strike down laws or executive orders if they are unconstitutional.
e) Power to Enforce Fundamental Rights (Article 32)
Supreme Court judges can issue writs such as:
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Habeas Corpus – Protecting personal liberty
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Mandamus – Directing a public authority to perform a duty
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Prohibition – Restricting lower courts from exceeding their jurisdiction
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Certiorari – Quashing orders of lower courts
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Quo Warranto – Challenging the legality of a public office holder
f) Contempt of Court Power (Article 129)
Judges can penalize individuals or authorities for contempt if they disrespect the court’s authority.
7. Removal of Supreme Court Judges
Supreme Court judges can only be removed through a process of impeachment under Article 124(4).
Grounds for Removal
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Proven misbehavior
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Incapacity to perform duties
Impeachment Process
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A motion is introduced in either House of Parliament.
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Requires a special majority in both Houses.
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If passed, the motion is sent to the President of India.
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The President issues an order for removal.
This complex process ensures the independence of the judiciary.
8. Challenges Faced by Supreme Court Judges
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Huge Pendency of Cases – Over 80,000 pending cases burden judges.
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Pressure from Public Opinion – High-profile cases often face scrutiny.
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Judicial Backlog in Lower Courts – Appeals from lower courts increase workload.
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Political Influence Concerns – Debates over judicial appointments and independence.
9. Landmark Judgments by Supreme Court Judges
Some historic decisions delivered by Supreme Court judges include:
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Kesavananda Bharati v. State of Kerala (1973) – Established the basic structure doctrine.
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Maneka Gandhi v. Union of India (1978) – Expanded the scope of Article 21.
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Navtej Singh Johar v. Union of India (2018) – Decriminalized homosexuality.
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S.R. Bommai v. Union of India (1994) – Limited misuse of President’s Rule.
10. Conclusion
Supreme Court judges play a pivotal role in upholding democracy, protecting constitutional values, and ensuring justice for every citizen. Their independence and integrity are vital for maintaining the rule of law in India. While challenges like judicial delays and increasing pendency persist, reforms in appointment systems, case management, and infrastructure can enhance the judiciary’s effectiveness.
The Supreme Court judges are not just interpreters of the Constitution but also its guardians, ensuring that fundamental rights and democratic principles remain intact.
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