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India 2018

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378 <strong>India</strong> <strong>2018</strong><br />

to increase this number. In the early years, all the Judges of the Supreme Court<br />

sat together to hear the cases presented before them. As the work of the Court<br />

increased and arrears of cases began to cumulate, Parliament increased the<br />

number of Judges from 7 in 1950 to 10 in 1956, 13 in 1960, 17 in 1977, 25 in 1986<br />

and 30 in 2009. As the number of the Judges has increased, they sit in smaller<br />

Benches of two and three—coming together in larger Benches of 5 and more<br />

only when required to do so or to settle a difference of opinion or controversy.<br />

The Supreme Court of <strong>India</strong> comprises the Chief Justice and 30 other<br />

Judges appointed by the President of <strong>India</strong>. Supreme Court Judges retire upon<br />

attaining the age of 65 years. In order to be appointed as a Judge of the Supreme<br />

Court, a person must be a citizen of <strong>India</strong> and must have been, for at least five<br />

years, a Judge of a High Court or of two or more such Courts in succession, or<br />

an Advocate of a High Court or of two or more such Courts in succession for at<br />

least 10 years or he must be, in the opinion of the President, a distinguished<br />

jurist. Provisions exist for the appointment of a Judge of a High Court as an ad<br />

hoc Judge of the Supreme Court and for retired Judges of the Supreme Court or<br />

High Courts to sit and act as Judges of Supreme Court. The Constitution seeks<br />

to ensure the independence of Supreme Court Judges in various ways. A Judge<br />

of the Supreme Court cannot be removed from office except by an order of the<br />

President passed after an address in each House of Parliament supported by a<br />

majority of the total membership of that House and by a majority of not less<br />

than two-thirds of members present and voting, and presented to the President<br />

in the same Session for such removal on the ground of proved misbehaviour or<br />

incapacity. A person who has been a Judge of the Supreme Court is debarred<br />

from practising in any court of law or before any other authority in <strong>India</strong>. The<br />

proceedings of the Supreme Court are conducted in English only. Supreme Court<br />

Rules, 2013 replacing the 1966 Rules, have been framed under Article 145 of the<br />

Constitution to regulate the practice and procedure of the Supreme Court.<br />

Justice Dipak Misra is the 45 th Chief Justice of <strong>India</strong>.<br />

O. W.: http://www.supremecourtofindia.nic.in<br />

High Courts<br />

High Court stands at the head of the state's judicial administration. There are<br />

24 High Courts in the country, three having jurisdiction over more than one<br />

state. Among the union territories, Delhi alone has a High Court of its own.<br />

Other six union territories come under the jurisdiction of different state High<br />

Courts. Each High Court comprises a Chief Justice and such other Judges as the<br />

President may, from time to time, appoint. The Chief Justice of a High Court is<br />

appointed by the President in consultation with the Chief Justice of <strong>India</strong> and<br />

the Governor of the state. The procedure for appointing the High Court<br />

judges is the same except that the recommendation for the appointment of<br />

Judges in the High Court is initiated by the Chief Justice of the High Court<br />

concerned.

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