# **Composition and Appointment**  

The Supreme Court of India is the apex judicial authority in the country, established under **Article 124** of the Constitution. It acts as the guardian of the Constitution and the highest appellate court.  

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## **Composition of the Supreme Court**  

### **Current Composition**  
- As per **Article 124(1)**, the Supreme Court consists of:  
  - **Chief Justice of India (CJI)**  
  - **Maximum 33 other judges** (originally 7, increased over time; last increase in 2009)  
  - **Total sanctioned strength: 34 judges (including CJI)**  

### **Quorum of the Court**  
- **Constitutional Bench:** Minimum **5 judges** (Article 145(3))  
- **Normal Bench:** Minimum **2 judges**  

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## **Appointment of Supreme Court Judges**  

### **Eligibility Criteria (Article 124(3))**  
A person can be appointed as a judge of the Supreme Court if they:  
1. **Are a citizen of India**, and  
2. Have served:  
   - As a judge of a High Court for **at least 5 years**, or  
   - As an advocate in a High Court for **at least 10 years**, or  
   - Are a distinguished jurist (as per the President’s discretion).  

### **Procedure for Appointment (Article 124(2))**  
- The **President of India appoints** Supreme Court judges.  
- The **CJI is appointed based on seniority** (convention).  
- Other judges are appointed based on the **collegium system**.  

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## **Collegium System**  
The **Collegium** is a body of judges that recommends judicial appointments. It is an evolution from Supreme Court judgments and is **not mentioned in the Constitution**.  

### **Structure of the Collegium**  
1. **For CJI appointment:**  
   - Senior-most Supreme Court judge is appointed as **CJI** by the **President**.  
   - There is **no consultation** required.  
2. **For other Supreme Court judges:**  
   - The **CJI + 4 senior-most judges** recommend names.  
   - The President appoints judges based on **Collegium recommendations**.  

### **Evolution of the Collegium System**  
| Case | Year | Key Ruling |  
|------|------|------------|  
| **First Judges Case** | 1981 | Executive’s primacy in judicial appointments upheld. |  
| **Second Judges Case** | 1993 | Introduced the Collegium system; primacy shifted to Judiciary. |  
| **Third Judges Case** | 1998 | Expanded the Collegium to include **CJI + 4 senior-most judges**. |  

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## **National Judicial Appointments Commission (NJAC) and its Repeal**  
- **NJAC Act, 2014** was passed to replace the Collegium with a **6-member body**.  
- **In 2015, NJAC was struck down** as unconstitutional in the **Fourth Judges Case**.  
- Reason: It violated the **independence of the judiciary** (Part of Basic Structure).  

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## **Removal of Supreme Court Judges**  

### **Grounds for Removal (Article 124(4))**  
- **Proved misbehavior or incapacity**.  

### **Procedure for Removal (Impeachment Process)**  
1. **Motion introduced** in either House of Parliament.  
2. Needs **special majority** in both Houses:  
   - Majority of the total membership.  
   - **Two-thirds** of members present and voting.  
3. **President removes the judge** after Parliament's approval.  

✅ **Only one attempt:** **Justice V. Ramaswami (1993)** - Motion failed in Lok Sabha.  

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## **Important Articles Related to Supreme Court Composition & Appointment**  
| Article | Provision |  
|---------|-----------|  
| **Article 124** | Establishes the Supreme Court, composition, and appointment of judges. |  
| **Article 124A-C** | Provisions related to the NJAC (now repealed). |  
| **Article 145(3)** | Constitution Bench requires a minimum of 5 judges. |  

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## **Previous Year UPSC Questions**  

### **Prelims**  
1. **Which of the following statements is correct regarding the appointment of Supreme Court judges?** *(UPSC 2020)*  
   - (a) The President appoints judges in consultation with the Prime Minister.  
   - (b) The President appoints judges after consulting the Law Minister.  
   - (c) The President appoints judges after consulting the CJI and Collegium.  
   - (d) The Supreme Court directly appoints its judges.  
   ✅ **Answer: (c)**  

### **Mains**  
1. **Discuss the evolution of the Collegium system in India. Do you think it ensures judicial independence? (UPSC 2018)**  

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