Judicial Independence and Accountability
Constitutional Framework in India
The Indian Constitution establishes an independent judiciary through several structural provisions. Judges of the Supreme Court are appointed under Article 124 by the President in consultation with such judges as the President deems necessary; in practice, the collegium system (evolved through the Three Judges Cases: 1982, 1993, 1998) gives the Chief Justice and senior judges effective primacy in appointments. Judges of the Supreme Court have security of tenure until age 65 (Article 124(2)) and can only be removed by an address of Parliament passed by a special majority (Article 124(4)). Their salaries are charged to the Consolidated Fund of India — not voted by Parliament — to insulate judges from legislative pressure. These structural protections are designed to enable judicial independence, but they also raise questions about accountability for judicial performance and conduct.
- Article 124: Supreme Court judges appointed by President; retire at age 65.
- Article 124(4): Removal only by an address of both Houses of Parliament in the same session, passed by a majority of total membership and not less than two-thirds of members present and voting.
- The Collegium system (not mentioned in Constitution; evolved through Supreme Court judgments) consists of the CJI and 4 senior-most SC judges for Supreme Court appointments.
- No judge of the Supreme Court has ever been removed through the impeachment process.
- CJI Surya Kant became the 53rd Chief Justice of India on November 24, 2025.
● Tracked since February 14, 2026 · last seen May 18, 2026 · updates as the daily brief publishes