Organs of Government : Judiciary — Important Questions

Four senior-most judges

According to the practice followed since 1993, the President of India appoints judges to the Supreme Court based on the recommendations of the Collegium. This Collegium consists of the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court. The 99th Constitutional Amendment Act (2014) proposed a National Judicial Appointments Commission, but it was struck down by the Supreme Court in 2015.

65 years

Judges of the Supreme Court of India can serve until the age of 65 years. After that, they must retire. This is different from the American Supreme Court where judges are appointed for life. The retirement age of 62 years applies to judges of High Courts in India, not the Supreme Court. 70 years is the optional retirement age for American Supreme Court judges.

Selection by an autonomous authority based on written and verbal examinations

According to the chapter, the best method of recruiting judges is through selection by some autonomous authority (like a Public Service Commission) based on written and verbal examinations. This ensures that only persons of high calibre and integrity are appointed. Election by the legislature makes judges politically dependent, and nomination based only on personal preference may lead to favouritism.

Where law ends, tyranny begins

John Locke, the famous political philosopher, said 'Where law ends, tyranny begins.' This quote highlights the importance of the rule of law and why a separate judicial organ is necessary. The quote about fearless justice is by Justice P.N. Bhagwati, 'Supreme Court is the Constitution' is by Justice Frankfurter, and the lamp of justice quote is by James Bryce.