| PART-1 |
Judiciary in India
Indian Constitution provides for unified judiciary
system and there is no division of powers in judiciary between Centre and
State, whereas Constitution of USA provides double system of courts.
·
In order to maintain supremacy of the judiciary.
Indian Constitution under the Art. 124 to Art. 147 in Part V deal with the
organization, independence, jurisdiction, power and provision of courts.
·
The Supreme Court came into being on 28th
January, 1950.
·
The Parliament is also authorized to regulate the
courts.
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·
Initially, there was a Chief Justice and seven other
judges in the Supreme Court.
·
At present there is one Chief Justice and 25 other
judges in the Supreme Court. The power to alter the number of judges in Supreme
Court rests with the Parliament.
Appointment of judges
·
The Judges of the Supreme Court are appointed by the
President after consultation with such judges of the Supreme Court and of the
High Courts as the President may deem necessary. In appointment of a judge,
other than Chief Justice, the Chief Justice of India is always consulted.
Qualification of Judges
A person to be appointed as a judge
of the Supreme Court should have the following qualification:
(i)
He should be a citizen of India.
(ii)
He Should have been a judge of a High Court/ High
Court for five years
Or,
He should have been an advocate of a High Court/ High Courts
for ten years.
Or,
He should be a distinguished jurist in the opinion of the
President.
Ø Note: There is no minimum age group
prescribed by the Constitution.
Tenure of Judges
(i)
He can hold office until he attains the age of 65
years.
(ii)
He can resign his office by writing to the President.
(iii)
He can be removed from his office by the President on
the recommendation of the Parliament.
Removal of Judges
·
The Constitution under Art. 124 (4) provides that a judge
of the Supreme Court can be removed by the President after an address by each
of the House of the Parliament supported by a majority of the total membership
of that House and by a majority of not less than two-third of the Members of
that House present and voting on the ground of proved misbehavior or
incapacity.
·
The Parliament under Art. 124 (5) may, by law,
regulate the procedure for the presentation of an address and for the
investigation and proof of the misbehavior or incapacity of a judge.
Accordingly, the Parliament in 1968 passed the Judges (inquiry) Act.
·
Under this Act, a motion seeking the removal of a
judge can be preferred before either House of the Parliament.
·
If it is to be introduced in the Lok sabha, it should
be signed in by not less than 100 members of the Lok Sabha.
·
If it is to be introduced in the Rajya sabha, the
motion should be signed in by not less than 50 members.
·
The motion can be moved only after a prior notice of
14 days to that judge.
·
After being properly introduced, the presiding officer
of that House appoints a three-member judicial Committee to inquire into the
misbehavior or incapacity of the accused judge.
·
The head of the Judicial Committee shall be serving
judge of the Supreme Court.
·
Of the other two members, one should be a serving
member of the Supreme Court or a High Court and another one may be an eminent
jurist.
·
The judge in question has the right to defend himself
or through his counsel before the Judicial Committee.
·
The Committee submits its report to the presiding
officer of the House in which the motion has been introduced.
·
The Parliament may or may not act upon the report of
the Judicial Committee.
·
If the Judicial Committee fails to establish proof of
misbehavior or incapacity, the Parliament cannot take up the motion.
·
If the motion is passed by the originating House with
the required majority, it moves to the other House which should also pass the
motion with the same majority.
·
After that it goes for the assent of the President in
the same session of the Parliament. If the address has been passed, then the
President removes the judges in question from the House.
Chief Justices of India
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NAME
|
DATE OF APPOINTMENT
|
DATE OF APPOINTMENT AS C.J.I.
|
HELD OFFICE TILL
|
|
1. Hon’ble Mr. Justice
Harilal Jekisundas Kania
|
26/01/1950
|
26/01/1950
|
06/11/1951*
|
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2. Hon’ble Mr. Justice M.
Patanjali Sastri
|
26/01/1950
|
07/11/1951
|
03/01/1954
|
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3. Hon’ble Mr. Justice
Mehr Chand Mahajan
|
26/01/1950
|
04/01/1954
|
22/12/1954
|
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4. Hon’ble Mr. Justice
Bijan Kumar Mukherjea
|
26/01/1950
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23/12/1954
|
31/01/1956**
|
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5. Hon’ble Mr. Justice
Sudhi Ranjan Das
|
26/01/1950
|
01/02/1956
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30/09/1959
|
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6. Hon’ble Mr. Justice
Bhuvneshwar Prasad Sinha
|
03/12/1954
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01/10/1959
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31/01/1964
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7. Hon’ble Mr. Justice
P.B. Gajendragadkar
|
17/01/1957
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01/02/1964
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15/03/1966
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8. Hon’ble Mr. Justice
A.K. Sarkar
|
04/03/1957
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16/03/1966
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29/06/1966
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9. Hon’ble Mr. Justice K.
Subba Rao
|
31/01/1958
|
30/06/1966
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11/04/1967**
|
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10. Hon’ble Mr. Justice K.N.
Wanchoo
|
11/08/1958
|
12/04/1967
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24/02/1968
|
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11. Hon’ble Mr. Justice M.
Hidayatullah
|
01/12/1958
|
25/02/1968
|
16/12/1970
|
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12. Hon’ble Mr. Justice J.C.
Shah
|
12/10/1959
|
17/12/1970
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21/01/1971
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13. Hon’ble Mr. Justice S.M.
Sikri
|
03/02/1964
|
22/01/1971
|
25/04/1973
|
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14. Hon’ble Mr. Justice A.N.
Ray
|
01/08/1969
|
26/04/1973
|
28/01/1977
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15. Hon’ble Mr. Justice M.
Hameedullah Beg
|
10/12/1971
|
29/01/1977
|
21/02/1978
|
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16. Hon’ble Mr. Justice Y.V.
Chandrachud
|
28/08/1972
|
22/02/1978
|
11/07/1985
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17. Hon’ble Mr. Justice P.N.
Bhagwati
|
17/07/1973
|
12/07/1985
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20/12/1986
|
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18. Hon’ble Mr. Justice R.S.
Pathak
|
20/02/1978
|
21/12/1986
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18/06/1989**
|
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19. Hon’ble Mr. Justice E.S.
Venkataramiah
|
08/03/1979
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19/06/1989
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17/12/1989
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20. Hon’ble Mr. Justice
Sabyasachi Mukherjee
|
15/03/1983
|
18/12/1989
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25/09/1990*
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21. Hon’ble Mr. Justice
Ranganath Misra
|
15/03/1983
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25/09/1990
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24/11/1991
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22. Hon’ble Mr. Justice K.N.
Singh
|
10/03/1986
|
25/11/1991
|
12/12/1991
|
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23. Hon’ble Mr. Justice M.H.
Kania
|
01/05/1987
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13/12/1991
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17/11/1992
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24. Hon’ble Mr. Justice L.M.
Sharma
|
05/10/1987
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18/11/1992
|
11/02/1993
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25. Hon’ble Mr. Justice M.N.
Venkatachaliah
|
05/10/1987
|
12/02/1993
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24/10/1994
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26. Hon’ble Mr. Justice A.M.
Ahmadi
|
14/12/1988
|
25/10/1994
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24/03/1997
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27. Hon’ble Mr. Justice J.S.
Verma
|
03/06/1989
|
25/03/1997
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17/01/1998
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28. Hon’ble Mr. Justice M.M.
Punchhi
|
06/10/1989
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18/01/1998
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09/10/1998
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29. Hon’ble Dr. Justice A.S.
Anand
|
18/11/1991
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10/10/1998
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31/10/2001
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30. Hon’ble Mr. Justice S.P.
Bharucha
|
01/07/1992
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01/11/2001
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05/05/2002
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31. Hon’ble Mr. Justice B.N.
Kirpal
|
11/09/1995
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06/05/2002
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07/11/2002
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32. Hon’ble Mr. Justice G.B.
Pattanaik
|
11/09/1995
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08/11/2002
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18/12/2002
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33. Hon’ble Mr. Justice V.N.
Khare
|
21/03/1997
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19/12/2002
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01/05/2004
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34. Hon’ble Mr. Justice S.
Rajendra Babu
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25/09/1997
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02/05/2004
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31/05/2004
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35. Hon’ble Mr. Justice R.C.
Lahoti
|
09/12/1998
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01/06/2004
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31/10/2005
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36. Hon’ble Mr. Justice Y.K.
Sabharwal
|
28/01/2000
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01/11/2005
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13/01/2007
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37.
Hon'ble Mr. Justice K.G. Balakrishnan
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08/06/2000
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14/01/2007
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11/05/2010
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38.
Hon'ble Mr. Justice S.H. Kapadia
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18/12/2003
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12/05/2010
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28/09/2012
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39.
Hon'ble Mr. Justice Altamas Kabir
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09/09/2005
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29/09/2012
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18/07/2013
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40.
Hon'ble Mr. Justice P. Sathasivam
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21/08/2007
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19/07/2013
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26/04/2014
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41.
Hon’ble Mr. R.M.Lodha
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27/04/2014
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Till
now
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