Supreme court judge
Ravi Shankar
(Querist) 17 August 2011
This query is : Resolved
Whether a law teacher can become a Supreme Court Judge as distinguished jurist? Whether there is any such example?
Jainodin shaikh
(Expert) 17 August 2011
Qualification for the post of Judge of SC is given in the Constitution of India. Every law teacher is aquinted with it.
Raj Kumar Makkad
(Expert) 17 August 2011
There is no such example but similarly there is no bar subject to practice in law of such person. Merely teaching is not the qualification for this prestigious post. Delivery of justice and teaching of law are two different aspects.
prabhakar singh
(Expert) 18 August 2011
I THOUGHT AS A TEACHER YOU MIGHT BE KNOWING IT.
IT IS CHAPTER IV.OF THE CONSTITUTION THAT DEALS THE MATTER. YOU CAN NOT BECOME A JUDGE SIMPLY BECAUSE OF BEING A LAW TEACHER.
ALTHOUGH INSTANCES ARE NOT THERE BUT ANY ONE CAN BECOME SC JUDGE IF HE/SHE IS AN EMINENT JURIST IN THE EYE OF PRESIDENT.
I AM SURPRISED TO NOTE WHY YOU HAVE NOT GONE THROUGH ARTICLE 124 OF THE CONSTITUTION AS YOU HAVE REPEATEDLY ASKED THIS WHICH I AVOIDED TO REPLY.
The article reads
CHAPTER IV.—THE UNION JUDICIARY
124. (1) There shall be a Supreme Court of India
consisting of a Chief Justice of India and, until Parliament
by law prescribes a larger number, of not more than
seven
2
other Judges.
(2) Every Judge of the Supreme Court shall be
appointed by the President by warrant under his hand
and seal after consultation with such of the Judges of the
Supreme Court and of the High Courts in the States as
the President may deem necessary for the purpose and
shall hold office until he attains the age of sixty-five
years:
Provided that in the case of appointment of a Judge
other than the Chief Justice, the Chief Justice of India
Establishment and
constitution of
Supreme Court.
1
Cl . ( 4 ) wa s i n s . b y t h e Co n s t i t u t i o n ( T h i r t y - e i g h t h Ame n dme n t ) Ac t , 1 9 7 5 , s . 2
(retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,
s . 16 (w. e . f . 20-6-1979) .
2
Now “twenty-five”, vide the Supreme Court (Number of Judges) Amendment Act,
1986 (22 of 1986), s. 2.
THE CONSTITUTION OF INDIA
(Part V.—The Union.—Arts. 123-124.)
61shall always be consulted:
Provided further that—
(a) a Judge may, by writing under his hand
addressed to the President, resign his office;
(b) a Judge may be removed from his office in the
manner provided in clause (4).
1
[(2A) The age of a Judge of the Supreme Court shall
be determined by such authority and in such manner as
Parliament may by law provide.]
(3) A person shall not be qualified for appointment as
a Judge of the Supreme Court unless he is a citizen of
India and—
(a) has been for at least five years a Judge of a
High Court or of two or more such Courts in
succession; or
(b) has been for at least ten years an advocate of
a High Court or of two or more such Courts in
succession; or
(c) i s , i n t h e o p i n i o n o f t h e P r e s i d e n t , a
distinguished jurist.
Explanation I.—In this clause "High Court'' means a
High Court which exercises, or which at any time before
the commenc ement of thi s Cons t i tut ion exe r c i s ed,
jurisdiction in any part of the territory of India.
Explanation II.—In computing for the purpose of this
clause the period during which a person has been an
advocate, any period during which a person has held
judicial office not inferior to that of a district judge after
he became an advocate shall be included.
READ THE FOLLOWING CAREFULLY
c) i s , i n t h e o p i n i o n o f t h e P r e s i d e n t , a
distinguished jurist.
