Introduction 

The Union Judiciary under Chapter IV establishes India's apex judicial system with the Supreme Court as the highest constitutional authority. These provisions ensure judicial independence, define appointment mechanisms, and establish procedures for judicial continuity. The framework includes provisions for regular judges, acting appointments, and ad hoc arrangements to maintain judicial functionality. The system balances independence with accountability while ensuring uninterrupted administration of justice. 

Supreme Court Structure and Judicial Appointments (Articles 124-125) 

• Establishment and Composition: 
  • Article 124 establishes the Supreme Court consisting of Chief Justice of India and other judges. 
  • Parliament determines the number of judges, currently 34 including the Chief Justice under 2019 Amendment. 
  • The President appoints all judges through warrant under hand and seal. 
  • Judges hold office until age 65 with provisions for voluntary resignation. 
  • Appointment originally required consultation with existing judges but National Judicial Appointment Commission (NJAC) system was introduced and later struck down. 
• Qualifications and Removal: 
  • Judges must be Indian citizens meeting one of three criteria for appointment. 
  • First qualification requires five years as High Court judge or judges in succession. 
  • Second qualification needs ten years as High Court advocate or advocates in succession. 
  • Third qualification allows distinguished jurists in the President's opinion. 
  • Removal requires Presidential order after address by both Houses of Parliament. 
  • Both Houses must support removal by majority of total membership and two-thirds of present members. 
  • Removal grounds are limited to proved misbehavior or incapacity only. 
• Service Conditions: 
  • Article 125 empowers Parliament to determine judicial salaries and benefits. 
  • Judges receive privileges, allowances, leave rights, and pension as determined by Parliament. 
  • No judge's benefits can be varied disadvantageously after appointment. 
  • Judges must take oath before President as specified in Third Schedule. 
  • Retired Supreme Court judges cannot practice in any Indian court. 

National Judicial Appointments Commission (Articles 124A-124C) 

• Commission Structure: 
  • Article 124A established NJAC through Constitution (Ninety-ninth Amendment) Act, 2014. 
  • Commission comprised Chief Justice of India as ex-officio Chairperson. 
  • Two senior Supreme Court judges served as ex-officio members. 
  • The Union Law Minister was ex-officio member of the commission. 
  • Two eminent persons nominated by selection committee including Prime Minister, Chief Justice, and Opposition Leader. 
  • One eminent person must represent Scheduled Castes, Tribes, OBCs, minorities, or women. 
  • Eminent persons served three-year terms without renomination eligibility. 
• Functions and Powers: 
  • Article 124B defines NJAC's duty to recommend Chief Justice and Supreme Court judges. 
  • The Commission recommended High Court Chief Justices and other High Court judges. 
  • It facilitated transfers of judges between different High Courts. 
  • The Commission ensured recommended persons possessed ability and integrity. 
  • Article 124C empowered Parliament to regulate appointment procedures. 
  • Parliament could authorize the commission to establish selection regulations. 
  • The entire NJAC system was struck down by the Supreme Court in 2015 citing judicial independence concerns. 

Acting Chief Justice Provisions (Article 126) 

• Temporary Leadership Arrangements: 
  • Article 126 addresses vacancy in the Chief Justice office or temporary inability. 
  • President appoints one of existing Supreme Court judges as acting Chief Justice. 
  • Acting Chief Justice performs all duties of the regular Chief Justice. 
  • This provision ensures continuity of judicial leadership during transitions. 
  • Appointment is discretionary power of President from among sitting judges. 
  • Acting arrangement continues until regular Chief Justice assumes or resumes office. 

Ad Hoc Judges for Quorum Requirements (Article 127) 

• Emergency Judicial Arrangements: 
  • Article 127 addresses situations where a quorum of judges is unavailable. 
  • NJAC or appropriate authority can request High Court judges as ad hoc judges. 
  • Presidential consent is required before requesting ad hoc judge attendance. 
  • The Chief Justice of concerned High Court must be consulted before designation. 
  • Only High Court judges qualified for Supreme Court appointments can serve. 
  • Chief Justice of India designates specific High Court judge for ad hoc duty. 
• Powers and Responsibilities: 
  • Ad hoc judges must prioritize Supreme Court duties over High Court responsibilities. 
  • They attend Supreme Court sittings for the required period as determined. 
  • Ad hoc judges possess full jurisdiction, powers, and privileges of regular Supreme Court judges. 
  • They discharge all duties of Supreme Court judges during their tenure. 
  • This arrangement ensures the Supreme Court functions despite judge shortages. 

Retired Judges and Judicial Continuity (Article 128) 

• Utilization of Retired Judicial Experience: 
  • Article 128 allows retired Supreme Court judges to sit and act again. 
  • Former Federal Court judges can also be requested for Supreme Court duties. 
  • Qualified retired High Court judges may serve as Supreme Court judges. 
  • NJAC or appropriate authority makes requests with Presidential consent. 
  • Retired judges must consent before being required to serve. 
• Terms and Conditions: 
  • Retired judges receive allowances as determined by Presidential order. 
  • They possess full jurisdiction, powers, and privileges during service period. 
  • However, they are not deemed regular judges of the Supreme Court. 
  • Service is voluntary and no retired judge can be compelled without consent. 
  • This provision maximizes utilization of experienced judicial personnel. 
  • It ensures judicial continuity and addresses temporary judge shortages effectively. 

Conclusion 

The Union Judiciary framework creates a comprehensive system ensuring judicial independence and continuity. Multiple appointment mechanisms and temporary arrangements guarantee uninterrupted Supreme Court functioning.The provisions balance regular judicial appointments with flexible arrangements for emergencies and transitions. Despite NJAC system being struck down, the framework maintains robust judicial governance through various constitutional mechanisms.