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THE UNION JUDICIARY

THE UNION JUDICIARY



Establishment and Constitution of Supreme Court .--

(1).There shall be Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
(2). Every  Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty - five years.
[Provided that] -
(a). a  Judge may, by writing under his hand addressed to the President, resign his office;
( b). a Judge may be removed from his office in the manner provided in clause
(3). A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and --
(a). has been for at least five years a Judge of a High Court or of two or more such Court in succession; or
(b). has been for at least ten years an advocate of a High Court or of two or more such Courts in succession ;
(c). is, in the opinion of the President, a distinguished jurist.
(4).A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the members of the House and by a majority of not less than two - third of the House present and  voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.
(5). Parliament may by law regulating the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).
(6). Every person appointed to be a Judge of the Supreme Court shall , before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him , an oath or affirmation according to the form set out for the purpose in the Third Schedule.
(7). No person who held office as a Judge of the Supreme Court shall plead or act in any Court or before any authority within the territory of India. 


National Judicial Appointment Commission . -- 



(1). There shall be commission to be known as the National Judicial Appointment Commission consisting of the following, namely :
(a). the chief Judge of India , chairperson, ex officio;
(b). two other senior Judges of the Supreme Court next to the Chief Justice of India --- Member, ex officio;
(c). the Union Minister in charge of the law and Justice -- Member, ex officio;
(d). two eminent persons to be nominated by the committee consisting of the Prime Minister , the Chief Justice of India and the Leader of Opposition in the House of the people --Members:
Provided that one of the eminent person shall be nominated from amongst the persons belonging to the Schedule Caste , the Schedule Tribes , other Backward Classes, Minorities or Woman:
Provided further that an eminent person shall be nominated for a period of three years and shall not be eligible for renomination.
(2). No Act or proceeding of the Nation Judicial Appointment Commission shall be questioned or be invalidated merely on the ground of the existence of any vacancy or defect in the Constitution of the Commission.


Function of Commission . --


                                           It shall be the duty of the National Judicial Appointment Commission to ---
(a). recommend persons for appointment as Chief Justice of India, Judges of the Supreme Court , Chief Justice of High Courts and other Judges of High Courts;
(b).recommend transfer of Chief Justices and Other Judges of High Courts from one High Court to any other High Court;
(c). ensure that the person recommended is of ability and integrity.
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