Supreme Court Judges Oath or Affirmation

Every judge of the supreme court before entering their office as a judge must subscribe to an oath of office before the president or any other person appointed by the president on that behalf.

Ban on Legal Practice for Retired Supreme Court Judges and Constitutional Roles

A person who has held office as a judge of the supreme court is barred by the constitution from pleading in any court or before any authority within the territory of India. However, retired judges of the supreme court are not barred from holding constitutional office like the Governor. For instance, retired judge of the SC, S. Abdul Nazeer, was recently appointed as the Governor of Andhra Pradesh.

Salary, Allowances and Benefits of Supreme Court Judges

As per Article 125 , the salaries, allowances, and pensions of the judges of the Supreme Court are determined from time to time by the Parliament through a law. The salary and allowances of Judges cannot be varied to their disadvantage after their appointment.

• Salary: In 2018, the salary of the chief justice of the Supreme Court was increased from ₹1 lakh to ₹2.80 lakh per month and that of a  Supreme Court judge from ₹90,000 to ₹2.50 lakh per month.
• Allowances: They are paid sumptuary allowance and provided with free accommodation and other facilities like medical, car, telephone, etc.

Supreme Court Judges Tenure

There is no fixed tenure for SC judges. Article 124 provides following three provisions in this regard:

• The Judge holds office until they attains the age of 65 years. Any question regarding their age is to be determined by such authority and in such a manner as provided by Parliament.
• They can resign from their office by writing such resignation to the President.
• They can be removed from their office by the President on the grounds and manner provided by the constitution.

It should be noted that the constitution does not prescribe any minimum age criteria for a person to be appointed as a judge of the SC. 

Supreme Court Judges Removal

• Constitutional provision: As per Article 124 (4), a Judge of the Supreme Court shall not be removed from his office except by order of the President. 
  • Required majority: This order is passed after an address by each House of 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 the House present and voting i.e. special majority. Such an address by the parliament must be presented to the President in the same session of the parliament in which it was passed.
  • Grounds:The constitution mentions two grounds of removal- Proved misbehaviour or Incapacity.
• Regulation of removal process: The constitution has empowered the parliament to regulate the removal process by law. The parliament has passed the Judges Enquiry Act, 1968 in this regard which provides a detailed process of removal of judges of the supreme court.

Supreme Court Judges Removal procedure

Removal motion addressed to the president can be introduced in any of the houses of parliament. The removal procedure as mentioned in the Judges Enquiry Act, 1968 is as follows-

• Support of members: Removal motion addressed to the president should be signed by at least 100 members in the Lok Sabha or by at least 50 members in the Rajya Sabha.
• Acceptance/rejection of motion: Such a motion is then delivered to the speaker or chairman, as the case may be. The Speaker or the Chairman may accept or refuse such a motion.
• Investigating committee: If the motion for removal of a judge is accepted (Such a motion remains pending till the completion of investigation by a committee ), it is to be investigated by a three member committee. This committee is formed by the Speaker or the Chairman, as the case may be.
  • Members of the committee – 1) CJI or judge of the Supreme Court 2) Chief Justice of the High Court 3) Distinguished Jurist in the opinion of the Speaker or the Chairman.
• Consideration of motion: If the committee finds the judge guilty of misbehaviour or that he/she suffers from incapacity, the motion together with the report of the committee is taken up for consideration in the house where the motion is pending.
• Required majority: Motion needs to be passed by each house with a majority of total membership of the house and by a majority of two-third members present and voting i.e. special majority.
• Order of President: After passage of motion in both the houses of parliament, the President passes an order removing the judge.

Seat of the Supreme Court

Article 130 of the constitution mentions Delhi as the seat of the supreme court. However, the CJI, with approval of the President, may choose some other place as the seat of the Supreme Court.