SUPREME COURT OF INDIA : INDIAN POLITY
◾Supreme Court at the apex of the Indian Judiciary is the highest authority to uphold the constitution of India, to protect the rights and liberties of citizens, and to uphold the values of rule of law. Hence it is known as the guardian of our Constitution.
◾Supreme Court is the final interpretation of the Constitution.
◾It was inaugurated on January 28, 1950.
◾Article 124 - 147 of PART V of the Constitution deal with the organization, independence, jurisdiction, powers, etc of the Supreme Court.
COMPOSITION OF SUPREME COURT
◾The Indian constitution under Article 124(1) states that there shall be a Supreme Court of India consisting of a Chief justice of India (CJI) and 34 judges including the CJI.
◾Earlier it was 25 number of judges and CJI.
◾At the time of formation, there used to be only 8 judges.
◾Parliament can increase the number of judges from time to time.
QUALIFICATION
◾Citizen of India
◾He should either be :
~Judge of High Court for 5 years in succession.
~Advocate of High Court for atleast 10 Years in succession.
◾He should be a distinguished jurist in opinion of President.
APPOINTMENT OF JUDGE
◾Appointed by the President
◾The CJI is appointed by the President by consultation with senior-most judges of the SC, who are the members of Collegium System.
◾When appointment of other judges of SC, CJI is consulated by President.
◾Collegium System
~Collegium is the body consisting of CJI and 4 seniormost judges of Supreme Court.
~It gives recommendation to President regarding appointment and transfer of judges of SC and High Courts.
◾However, due to lack of transparency and delay in the appointment, a new article 124 A was incorporated in the constitution by 99th Amendment Act, under which the National Judiciary Appointments Commission (NJAC) replaced the collegium system for the appointment of judges as mandated in the existing pre-amended constitution by a new system.
The NJAC consists of the following persons:
1. Chief Justice of India (chairperson)
2. Two senior-most Supreme Court judges
3. The Union Minister of Law and Justice
4. Two eminent persons nominated by a committee consisting of CJI, Prime minister of India and leader of the opposition.
◾It was declared unconstitutional by SC on 16 Oct, 2015.
OATH
◾CJI and other judges of SC take oath before the President of India or someone appointed by him.
TERM OF OFFICE
◾No fixed term.
◾A judge of SC holds his office till he attains the age of 65 years.
◾If he wants he can resign by writing to the President.
◾He can be removed by the President on the recommendation of the Parliament.
PROCESS OF REMOVAL OF SC JUDGE
◾A judge can be removed by President on the recommendation of Parliament on grounds of proved incapacity or misbehaviour or misconduct.
◾A motion to remove the judge of SC can be introduced in any house of the Parliament.
◾It must be introduced by atleast 100 members in Lok Sabha or 50 members in Rajya Sabha wherever it is introduced.
◾The Speaker or Chairman may reject the proposal or set up a 3 member committee to investigate the concerns:
The 3 member committee consists of :
1. CJI or judge of SC
2. Judge of High Court
3. A distinguished Jurist
◾When committee finds him guilty, the motion has to be passed by both houses by special majority.
◾Then the President give him assent and the Judge of SC is removed.
JURISDICTION OF THE SUPREME COURT
1. Original Jurisdiction- (Art 131)
◾All the matters or disputes concerned in Indian Federalism is resolved or decided by the Supreme Court of India.
◾The Supreme Court will solve dispute between :
~Centre and one or more states
~Between different states
~Centre and one state vs other states
◾In 1961,the first suit under the original jurisdiction of the SC was brought by West Bengal against the Centre.
2. Writ Jurisdiction (Art 32)
◾Writ is the legal document issued by a court or judicial officer.
◾Writ can be issued by Supreme Court or High Court to enforce Fundamental Rights.
3. Appellate Jurisdiction- (Art 132,133,134)
◾The appeal lies with SC against the high court in the following 4 categories
1. Constitutional matters-if high court certifies that the case involves a substantial question of law that needs interpretation of the constitution.
2. Civil matters- if the case involves a substantial question of law of general importance
3. The criminal matters-if high court has on appeal reversed the order of acquittal of an accused and sentenced him to death or has withdrawn for trial before itself any case from subordinate court
4. Special leave to appeal is granted by SC if it is satisfied that the case does not involve any question of law. However, it cannot be passed in case of the judgment passed by a court or tribunal of armed forces.
◾However, under this jurisdiction, SC can transfer to itself cases from one or more high courts if it involves the question of law in the interest of justice.
4. Advisory Jurisdiction (Art 143)
◾Article 143 authorises the President to seek an advisory opinion from the Supreme Court in the two categories of matters-
(a) matters of public importance
(b) of any question arising out of pre-constitution, treaty, agreement, engagement, Sanad or other similar instruments.
◾Also Art 144 states that all authorities civil and judicial in the territory of India shall act in aid of the Supreme Court.
Powers of the Supreme Court
1. Power to punish for contempt (civil or criminal) of court with simple imprisonment for 6 months or fine up to 2000. Civil contempt means wilful disobedience to any judgment. Criminal contempt means doing any act which lowers the authority of the court or causing interference in judicial proceedings
2. Judicial review - to examine the constitutionality of legislative enactments and executive orders. The grounds of review is limited by- Parliamentary legislation or rules made by the Supreme Court.
3. Deciding authority regarding the election of President and Vice President
4. Enquiring authority in conduct and behaviour of UPSC members
5. Withdraw cases pending before high courts and dispose of them itself
6. Appointment of ad hoc judges-Art 127 states that if at any time there is lack of quorum of Judges of Supreme Court, the CJI may with the previous consent of the President and Chief Justice of High Court concerned request in writing the attendance of Judge of High Court duly qualified to be appointed as Judge of SC.
7. Appointment of retired judges of supreme court or high court - Art 128- The CJI at any time with the previous consent of the President and the person to be so appointed can appoint any person who had previously held the office of a Judge of SC.
8. Appointment of acting Chief Justice- Art 126- when the office of CJI is vacant or when the Chief Justice is by reason of absence or otherwise unable to perform duties of the office, the President in such case can appoint Judge of the court to discharge the duties of the office.
9. Revisory Jurisdiction: The Supreme Court under Art. 137 is empowered to review any judgment or order made by it with a view to removing any mistake or error that might have crept in the judgement or order.
10. Supreme Court as a Court of Record
The Supreme Court is a court of record as its decisions are of evidentiary value and cannot be questioned in any court.
SALARIES AND ALLOWANCES (ART. 125)
◾The salaries, allowances and pensions of Supreme Court judges come under the category of the Consolidated Fund of India (Art. 266).
◾These are determined from time to time by the Parliament.
◾The retired Chief Justice and judges are entitled to 50% of their last drawn salary as monthly pension.
◾Current Salary
~CJI - ₹2.80 Lakh
~Other judges of SC - ₹2.50 Lakh
◾In 1950, CJI salary was fixed at ₹5,000/month and other judges at ₹4,000/month.
◾In 1986, their salaries were raised to ₹10,000/month and ₹9,000/month respectively.
◾In 1998,their salaries were raised to ₹33,000/month and ₹30,000/month.
◾In 2009, their salaries were increased to ₹1 lakh/month and ₹90,000/month.
Articles Related to Supreme Court at a Glance
1. Article No.124
Subject matter:-Establishment and Constitution of Supreme Court
2. Article No.125
Subject matter:-Salaries, etc.,of Judges
3. Article No.126
Subject matter:-Appointment of acting Chief Justice
4. Article No. 127
Subject matter:-Appointment of ad hoc Judges
5. Article No. 128
Subject matter:-Attendance of retired Judges at sittings of the Supreme Court
6. Article No. 129
Subject matter:-Supreme Court to be a court of record
7. Article No. 130
Subject matter:-Seat of Supreme Court
8. Article No.131
Subject matter:-Original jurisdiction of the Supreme Court
9. Article No.131A
Subject matter:-Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws (Repealed)
10. Article No.132
Subject matter:-Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases
Subject matter:-Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters
12. Article No.134
Subject matter:-Appellate jurisdiction of Supreme Court in regard to criminal matters
13. Article No. 134A
Subject matter:- Certificate for appeal to the Supreme Court
14. Article No.135
Subject matter:-Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court
15. Article No.136
Subject matter:-Special leave to appeal by the Supreme Court
16. Article No.137
Subject matter:-Review of judgments or orders by the Supreme Court
17. Article No.138
Subject matter:-Enlargement of the jurisdiction of the Supreme Court
18. Article No.139
Subject matter:-Conferment on the Supreme Court of powers to issue certain writs
19. Article No.139A
Subject matter:-Transfer of certain cases
20. Article No.140
Subject matter:-Ancillary powers of Supreme Court
21. Article No.141
Subject matter:-Law declared by Supreme Court to be binding on all courts
22. Article No.142
Subject matter:-Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
23. Article No. 143
Subject matter:-Power of President to consult Supreme Court
24. Article No.144
Subject matter:-Civil and judicial authorities to act in aid of the Supreme Court
24. Article No. 144A
Subject matter:-Special provisions as to the disposal of questions relating to the constitutional validity of laws (Repealed)
25. Article No. 145
Subject matter:-Rules of court, etc.
26. Article No. 146
Subject matter:-Officers and servants and the expenses of the Supreme Court
27. Article No. 147
Subject matter:-Interpretation
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