The Supreme Court of India is the highest judicial court in India and the final court of appeal under the Indian Constitution, the highest constitutional court having judicial review power. This article explains the security of tenure of judges which is important for UPSC Indian Polity Preparation.

What is the Security of Tenure of Judges ?

• Security of tenure is a concept used in political science to define a constitutional or legal guarantee that a political office-holder cannot be removed from office unless and until extraordinary and specific circumstances exist.
• Without tenure, an officeholder's ability to carry out his or her responsibilities, functions, and duties may be limited by the concern that anyone who disagrees with one of their judgments may be able to swiftly remove them from office in retaliation.
• Security of tenure provides security by assuring that an officeholder cannot be punished for performing their powers, functions, or responsibilities.
• It allows the democratic or constitutional process by which a person is elected to a position to be upheld only in the most extreme and extreme instances.

Tenure of Judges

• The tenure of a Supreme Court judge is not specified in the Constitution. In this regard, however, it makes the following three provisions:
• He is in office until he reaches the age of 65. Any query about his age will be decided by Parliament's authority and in the way it specifies.
• By writing to the President, he can resign his position.
• On the suggestion of the Parliament, the President has the power to remove him from office.

Removal of Judges

• By presidential order, a Supreme Court judge can be dismissed from his position. Only after an address from Parliament has been given to him in the same session may the President issue the removal order.
• A special majority of each House of Parliament must approve the address (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). There are two reasons for removal: proved misbehaviour or incapacity.
• The Judges Enquiry Act (1968) governs the process of impeachment used to remove a Supreme Court judge:
• So far, no Supreme Court justice has been impeached. In the Parliament, impeachment motions against Justice V Ramaswami (1991–1993) and Justice Dipak Misra (2017–2018) were lost.

Conclusion

The tenure of a Supreme Court judge is not specified in the Constitution. In this regard, however, it makes the following three provisions: He is in office until he reaches the age of 65. Any query about his age will be decided by Parliament's authority and in the way it specifies.

FAQs

Question. What does the term "security of tenure" mean in the context of judges?

Question. Does the Constitution specify the tenure of Supreme Court judges?

Question. How can a Supreme Court judge be removed from office?

Question. Who decides the retirement age of judges in India?

Question. What is the importance of security of tenure for judges?

MCQs

1. A judge of the Supreme Court can resign by writing the resignation letter to:

A) Chief Justice of India

B) President of India

C) Parliament

D) None of the above

2. What is the retirement age for High Court judges?

A) 60

B) 62

C) 65

D) 70

3. Who has the power to remove a Supreme Court judge?

A) President of India

B) Chief Justice of India

C) Parliament

D) The Chief Minister

4. What is the main reason for the removal of a Supreme Court judge?

A) Failure to attend court

B) Proved misbehavior or incapacity

C) Violation of ethical conduct

D) Political disagreements

5. What is the tenure of a judge in the Supreme Court of India?

A) Fixed term of 5 years

B) Until the judge reaches the age of 60

C) Until the judge reaches the age of 65

D) Until the judge resigns

GS Mains Questions and Model Answers

Q1: Discuss the concept of security of tenure for judges in the Indian Constitution.

Answer: Security of tenure for judges in India is a crucial aspect of judicial independence, which ensures that judges cannot be removed from office arbitrarily or under political pressure. The Indian Constitution provides that judges of the Supreme Court and High Courts shall hold office until they reach the age of 65 (for the Supreme Court) or 62 (for the High Courts). Removal can only occur through a process initiated in Parliament, based on proven misbehavior or incapacity. This protection allows judges to make decisions impartially, safeguarding the judiciary's independence from executive and legislative interference.

Q2: Analyze the process of impeachment and removal of a Supreme Court judge in India.

Answer: The process of impeachment and removal of a Supreme Court judge in India is outlined in the Constitution and is a multi-step procedure. A judge can be removed on the grounds of proven misbehavior or incapacity. The process begins with the introduction of an impeachment motion in either House of Parliament. The motion must be approved by a majority of the total membership of the House and by a two-thirds majority of members present and voting. Once the motion is passed in both Houses of Parliament, the President may remove the judge. However, this process is rigorous and rarely used, with only one successful impeachment in Indian history, underscoring the importance of judicial independence.

Q3: Evaluate the importance of security of tenure for judges in maintaining judicial independence.

Answer: The security of tenure for judges is fundamental to maintaining the independence of the judiciary in India. By protecting judges from arbitrary removal, this provision ensures that judges can make decisions based on the law, free from political or external pressures. This independence is critical in upholding the rule of law and ensuring that justice is served impartially, particularly in cases that might involve powerful political figures or government policies. Without the security of tenure, judges may be reluctant to pass judgments that go against the wishes of the government or other influential groups, undermining the integrity of the judicial system.

Previous Year Questions on Security of Tenure

1. UPSC CSE 2017

Question: "Explain the security of tenure of judges in India and discuss its significance in ensuring judicial independence."

Answer: The security of tenure of judges in India is guaranteed by the Constitution, which ensures that judges of the Supreme Court and High Courts cannot be removed from office except by a prescribed process of impeachment. This system guarantees that judges can carry out their functions without fear of external pressures or retaliation. Judicial independence is essential for upholding the rule of law and ensuring fair and impartial justice. The security of tenure protects judges from political interference, thus preserving the integrity of the judiciary.

2. UPSC CSE 2019

Question: "What is the process for removing a Supreme Court judge in India, and why is this process significant for the judicial system?"

Answer: A Supreme Court judge in India can only be removed by the President after an address is made by both Houses of Parliament, supported by a two-thirds majority of the members present and voting. The grounds for removal are proven misbehavior or incapacity. This process is significant as it ensures that judges are not removed arbitrarily or under political pressure, thus preserving the independence and integrity of the judiciary. The rigorous procedure is designed to protect judicial independence and prevent the executive or legislative branches from undermining the judiciary.