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         The Supreme Court of India is the Apex Court and is the final interpreter of the Constitution of India and its laws. The Court is also known as the guardian and the protector of the Fundamental Rights of the people of our country. The Supreme Court is the final Court of Appeal in all civil, criminal and other matters and thus helps in maintaining uniformity of law throughout the territory of India. At the commencement of the Constitution, the Supreme Court consisted of a Chief Justice of India and not more than seven other Judges. Parliament is empowered to prescribe, by law, a large number of Judges.
Article 124 of the Constitution of India does not prescribe the number of judges of the Supreme Court and the High Courts, which must be consulted by the Union Head while appointing such Supreme Court judges. In the case of S.C. Advocates-on-Record Association v. Union of India (Second Judges Case), the Supreme Court of India, had laid down the principles and prescribed procedural norms in regard to the appointment of Judges to the Supreme Court.
Article 124 of the Constitution of India lays down certain qualifications for a person to be appointed as a Judge of the Supreme Court of India. It follows that a person to be appointed a Judge of the Supreme Court must possess two essential qualifications. Firstly, he must be a citizen of India and secondly, he must possess any additional qualifications mentioned in the provision of the Constitution. Furthermore, a Judge of the Supreme Court of India may be removed as per the grounds laid down in the Constitution of India. The acts of ‘willful and gross misuse of office, purposeful and persistent negligence’ in the discharge of his duties, intentional and habitual extravagance at the cost of the public exchequer and moral turpitude by using public funds for private purpose in diverse ways have been held to constitute a relevant ground for the removal of a Judge of the Supreme Court, within the meanings of the Article 124 of the Constitution.

Question - From the following, determine the requisite qualification that is required to be possessed by a person for being appointed as the Judge of the Supreme Court of India.

 

Option: 1

The person has been a Judge of any High Court for at least five years.

 


Option: 2

The person has been a Judge of two or more High Courts in succession cumulatively for a period of five years


Option: 3

Either (a) or (b)

 


Option: 4

Either (a) or (b)

 


Answers (1)

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According to the provision stipulated under Article 124(3) of the Constitution of India, certain qualifications have been prescribed that a person is mandatorily required to possess before being appointed as the Judge of the Supreme Court of India. These include that the person must be a citizen of India and either he has been a Judge of a High Court for at least five years, or he has been a Judge of two or more High Courts in succession. This implies that when a person possesses any one of the aforementioned qualifications, then he becomes eligible to be appointed as the Judge of the Supreme Court of India.

 

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sudhir.kumar

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