What is the tenure of Supreme Court judges in India?

Introduction to the Tenure of Supreme Court Judges in India

The tenure of Supreme Court judges in India is governed by the Constitution of India, which provides for their appointment, service conditions, and retirement. This comprehensive overview explores the key aspects of the tenure of Supreme Court judges, including their term, retirement age, and the principles guiding their service.

Constitutional Provisions

The tenure of Supreme Court judges in India is primarily regulated by Article 124 of the Indian Constitution. This article outlines the appointment, conditions of service, and retirement age of judges of the Supreme Court.

Appointment and Tenure

Supreme Court judges are appointed by the President of India based on the recommendations of the Collegium, which consists of the Chief Justice of India and other senior judges of the Supreme Court. Once appointed, judges serve until the age of 65. Here are the key points:

1. Appointment: Supreme Court judges are appointed by the President of India, following the Collegium"s recommendations.
2. Age of Retirement: The retirement age for Supreme Court judges is 65 years. Judges must retire upon reaching this age.
3. Tenure Security: Judges enjoy security of tenure, meaning they cannot be removed from office except through impeachment proceedings.

Retirement and Post-Retirement

Upon reaching the age of retirement, Supreme Court judges cease to hold office, but they are often entitled to certain benefits and privileges:

• Pension: Retired Supreme Court judges are entitled to a pension, the amount of which is determined by the government.
• Post-Retirement Appointments: Retired judges may be appointed to various other positions, such as Chairpersons of commissions or tribunals, depending on their expertise and experience.

Principles of Tenure

The principles guiding the tenure of Supreme Court judges are designed to ensure judicial independence and impartiality:

1. Independence: The security of tenure ensures that judges can perform their duties without fear of arbitrary removal or external pressure.
2. Impartiality: Judges are expected to uphold the highest standards of impartiality and integrity during their tenure.
3. Accountability: While judges enjoy security of tenure, they are accountable through mechanisms such as impeachment proceedings in cases of proven misconduct.

Judicial Reforms and Discussions

There have been discussions and proposals regarding reforms in the judicial tenure system to address various issues:

• Age of Retirement: Some proposals suggest revising the retirement age to address the increasing longevity and health of judges.
• Tenure Extensions: Discussions on the possibility of extending tenure or providing additional roles post-retirement have been explored.

Conclusion

The tenure of Supreme Court judges in India is designed to uphold the principles of judicial independence and impartiality. With a retirement age set at 65 and a secure tenure, judges are positioned to perform their duties effectively while ensuring that their decisions are free from external pressures.