Explain the constitutional provisions regarding the appointment, tenure and removal of judges of the Supreme Court of India. How do these safeguards ensure the independence of the judiciary?

ANSWER

1. Introduction

The independence of the judiciary, a cornerstone of the Indian constitutional scheme, is primarily protected through the procedures laid down in Article 124 (appointment), Article 124(2) (tenure) and Article 124(4) (removal) of the Constitution.

2. Body

Appointment

• Collegium System: Supreme Court judges are appointed by the President on the recommendation of a collegium comprising the Chief Justice of India (CJI) and the four senior-most judges.
• Merit‑based selection: The collegium evaluates candidates on legal acumen, integrity and experience, limiting executive discretion and political interference.

Tenure

• Security of tenure: Judges hold office until the age of 65, subject only to the conditions of removal under Article 124(4).
• Financial autonomy: Their salaries, allowances and pensions are charged on the Consolidated Fund of India, making them non‑withdrawable by the executive.

Removal

• Rigorous procedure: Removal can occur only on grounds of “proved misbehaviour or incapacity” through a motion passed by a majority of the total membership of each House of Parliament and supported by at least two‑thirds of members present and voting.
• Judicial inquiry: The Supreme Court conducts an inquiry, ensuring that the process is not merely political.

3. Conclusion

These layered safeguards—collegial appointment, guaranteed tenure, and a stringent removal process—collectively insulate Supreme Court judges from executive and legislative pressures, thereby upholding judicial independence and reinforcing the rule of law in India.