Question

The country's Judicial System has a Supreme Court at its apex. In this context state:
(a) Manner of appointment of Judges.
(b) Term of Office and removal of Judges.
(c) Its power of judiciary review.

Answer 1

Appointment of Judges:

The judges of Supreme Court are appointed by the president after consultation with the Chief Justice and such other judges of the supreme court and the High Court as he thinks necessary. The Chief Justice is appointed by the President with the consultation of judges of the supreme court and the high court as he seems necessary.

Tenure and Removal:

The Constitution has not fixed the tenure of a judge of Supreme Court but he holds office until the attainment of the age of 65 years.

The judge of the Supreme court can be removed from his office by the President on the recommendation of the Parliament. The address for removal must be supported by a special majority of each house of parliament (the majority of total membership of that house and majority of not less than two-thirds of the members of that house present and voting. The grounds of removal are proved misbehaviour or incapacity.

Power of Judicial review:

The Constitution has made the supreme court the guarantor and guardian of fundamental rights. Article 13 of the Indian Constitution provides for invalidity of laws that are inconsistent with Fundamental Rights. The supreme court has the power to review legislative and administrative actions and declare them ultra vires(outside the scope of law) if they are inconsistent with the constitution.