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Seat of Supreme Court
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- The Supreme Court’s seat is designated under the Constitution as Delhi. It also authorises the chief justice of India to appoint other place or places as seat of the Supreme Court.
- This provision is just optional, not mandatory. This means that no court has the authority to direct the President or the Chief Justice to appoint any other place as a seat of the Supreme Court.
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Tenure of Judges of the Supreme Court
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The Constitution has not fixed the tenure of a judge of the Supreme Court. However has made the following three provisions in this regard
- Holds office until he attains the age of 65 years.
- Can resign his office by writing to the President.
- Can be removed from his office by the President on the recommendation of a Parliament.
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Impeachment of Judges of the Supreme Court
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- The Constitution has not prescribed any specific provision regarding the removal of Judges.
- The Judges (Inquiry) Act, 1968 regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment.
- The president can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal.
- The address must be supported by a special majority of each House of the Parliament.
- The grounds of removal are proved misbehaviour or incapacity.
- A removal motion is to be signed by 100 members in the case of Lok Sabha or 50 members in the case of Rajya Sabha.
- If it is admitted, then the Speaker /Chairman is to constitute a three-member committee to investigate into charges.
- The committee consists of a Chief Justice or a judge of the Supreme Court, a chief justice of a high court and a distinguished jurist.
- If the committee finds the judge to be guilty of misbehaviour or suffering from incapacity, the House can take up the consideration of the motion.
- After the motion is passed by each House of Parliament by a special majority, an address is presented to the President for the removal of a judge.
- Finally, the President passes the order of removal.
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Independence of the Supreme Court
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The Supreme Court has been assigned a very significant role like the federal court, guarantor of Fundamental Rights and guardian of the Constitution. Therefore Constitution has made many provisions to ensure the judiciary’s independence. They are mentioned below.
- Mode of Appointment: The judges of the Supreme Court are appointed in consultation with the members of the judiciary itself. It curtails the absolute discretion of the executive as well as ensures that the judicial appointments are not based on any political considerations.
- Security of tenure: The judges of the SC are given security of tenure. They can be removed only by a presidential order on grounds of proven misbehaviour and/or incapacity by an elaborate procedure of impeachment.
- Salaries and allowances: Salaries and allowances of the judges of the Supreme Court are determined by the Parliament. They can not be changed to their disadvantage after their appointment. Salaries, pensions, allowances and expenses of the Supreme Court are charged on the Consolidated Fund of India.
- Powers and Jurisdiction: The jurisdiction of the Supreme Court can not be curtailed by the Parliament. However, the Parliament can extend the same. The SC has the power to punish any person for its contempt, as per Article 129.
- Ban on Practise after Retirement: It ensures that they do not favour anyone in the hope of future favour.
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