Whether a jurist can be appointed as a judge of the Supreme Court directly?

Question: Whether a jurist can be appointed as a judge of the Supreme Court directly? [RJS 1984]

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Answer

The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India. The law declared by the Supreme Court is binding on all courts within the territory of India. Under Part V, from Article 124 to Article 147 of the Indian Constitution deals with the provision for organization, independence, jurisdiction, powers, and procedures of the Supreme Court of India. The Indian constitution under Article 124(1) states that there shall be a Supreme Court of India constituting of a Chief Justice of India (CJI) and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

Supreme Court (Number of Judges) Bill of 2019 has added four judges to strength. It increased the judicial strength from 31 to 34, including the CJI who are appointed by the President. Under Article 124 (3), a person to be appointed as a judge of the Supreme Court should have the following qualifications:

1. He should be a citizen of India.
2. He should have been a judge of a High Court (or high courts in succession) for five years; or
3. He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
4. He should be a distinguished jurist in the opinion of the president, and thus appointed as a judge of the Supreme Court

Therefore, it is clear from Article 124 (3) that a distinguished jurist can be appointed directly as judges of the Supreme Court but not the high court.

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