Supreme Court

▸ Supreme Court stands at the apex of the 'Judicial System of India. It is the ultimate interpreter of the Constitution and the laws of the land.
▸ Article 124 states the establishment and constitution of Supreme Court.
▸ Supreme Court was inaugurated on 28th January, 1950.
▸ At present, the Supreme Court consists of 31 judges (one Chief Justice of India (CJI) and 30 judges).

Appointment of Chief Justice

Only senior most Judge of the Supreme Court is appointed by the President as CJI. Other Judges of the Supreme Court are appointed by the President in consultation with the Chief Justice. He may also consult other Judges of the Supreme Court and High Court while appointing a Judge of the Supreme Court.

Acting Chief Justice

Under Article 126, The President can appoint a Judge of the Supreme Court as an acting CJI, when
▸ office of CJI is vacant; or
▸ the CJI is temporarily absent; or
▸ the CJI is unable to perform the duties of his office.
Qualifications
Under Article 124 (3), a person to be appointed as a Judge of the Supreme Court should have the following qualifications
▸ He should be a citizen of India.
▸ He should have been a Judge of a High Court (or High Courts in succession) for five years. Or
▸ He should have been an advocate of a High Court (or High Courts in succession) for ten years. Or
▸ He should be a distinguished jurist in the opinion of the President.
▸ The Constitution does not prescribe a minimum age for appointment as a Judge of the Supreme Court.

Oath or Affirmation

Administered by the President or some person appointed by himfor this purpose.

Tenure of Judges

The Constitution has not fixed the tenure of a Judge of the Supreme Court. It makes the following provisions
▸ Holds office until he attains the age of 65 years.
▸ Resign his office by writing to the President.
▸ Removed from his office by the President on the recommendation of the Parliament.

Removal of Judges or Impeachment

Under Article 124 (4), a Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of the Parliament by special majority. Judges can be removed only on the grounds of proved misbehaviour or incapacity. Under Article 124 (5) Parliament may by law regulate the procedure relating to the removal of a Judge of the Supreme Court. Under this Article Parliament provides the procedure for removal by the Judges Enquiry Act (1968).
▸ No Judge of the Supreme Court has been impeached so far. The first such case of impeachment is that of Justice V Ramaswami of the Supreme Court in Lok Sabha (1991-93). But, finally he could not be impeached.
▸ The second case of impeachment is that of Justice Saumitra Sen of the Calcutta High Court (became the first judge in Indian History, against whom an impeachment motion was passed in the Rajya Sabha). The BSP was the only party to oppose the motion to remove the judge. After this, he resigned and there was no need for impeachment. Under Article 217 (a), a Judge of the High Court 'may by writing under his hand addressed to the President' resign his office. Under Article 124 (2) (a), a Judge of the Supreme Court 'may by writing under his hand addressed to the President, resign his office'.

Salaries and Allowances

Under Article 125, the salaries, allowances, privileges, leave and pension of the Judges of the Supreme Court are determined from time to time by the Parliament.
▸ Chief Justice of India draws the monthly salary of ` 2.8 lakh. Whereas the other Judges BC draws the ` 2.50 lakh monthly.
▸ The retired Chief Justice and Judges are entitled to 50% of their last drawn salary as monthly pension.

Ad hoc Judges

Under Article 127, if at any time there is not a quorum of the Judges of the Supreme Court to hold or continue any session, CJI can appoint a Judge of the High Court as an Ad hoc Judge of the Supreme Court for a temporary period.
▸ He can do so only after consultation with the Chief Justice of the High Court concerned and with previous consent of the President.
▸ The judge so appointed should be qualified for appointment as the Judge of the Supreme Court.

Retired Judges

Under Article 128, at any time, the Chief Justice of India can request a retired Judge of the Supreme Court or a retired Judge of the High Court (who is duly qualified for appointment as a Judge of the Supreme Court) to act as a Judge of the Supreme Court for a temporary period.

Seat of Supreme Court

Under Article 130, the Constitution declares Delhi as the seat of the Supreme Court. But, it authorises the CJI to appoint any other place or places as seat of the Supreme Court. He can take this decision only with the approval of the President.

Procedure of the Court

The Supreme Court can, with the approval of the President, make rules for regulating generally the practice and procedure of the court. Constitutional Bench A bench consisting of at least 5 judges. Constituted by the CJI to hear a case involving a substantial question of law.

Independence of the Judges

Independence of judges is ensured by following provisions
▸ Mode of appointment of CJI and Judges of the Supreme Court.
▸ Security of tenure (removed only by the President).
▸ Fixed service conditions (salary charged from Consolidated Fund of India).
▸ Conduct of judges cannot be discussed in Parliament or State Legislature.
▸ Ban on practice after retirement.
▸ Power to punish its contempt.
▸ Freedom to appoint its staff.
▸ Its jurisdiction cannot be curtailed.
▸ Difficult removal procedure.
▸ Separation from executive.
Jurisdiction and Powers of Supreme Court
▸ Original jurisdiction
▸ Writ jurisdiction
▸ Appellate jurisdiction
▸ Advisory jurisdiction
▸ A court of record
▸ Power of judical review
▸ Other powers

Original Jurisdiction (Article 131)

The Supreme Court decides the dispute between the centre and one or more states; the centre and any state or states on one side and one or more states on the other; or between two or more states.
▸ In the above disputes, the Supreme Court has exclusive original jurisdiction. They lie directly and exclusively with the Supreme Court.

Writ Jurisdiction (Article 32)

▸ Every individual has the right to move the Supreme Court directly by appropriate proceedings for the enforcement of his Fundamental Rights through the issuance of writs.

Appellate Jurisdiction (Article 132)

▸ The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts. It enjoys a wide appellate jurisdiction, which can be classified under four heads (a) Appeals in constitutional matters. (b) Appeals in civil matters (Article 133). (c) Appeals in criminal matters (Article 134). (d) Appeal by special leave (Article 136.)
Advisory Jurisdiction
▸ The Constitution (Article 143) authorises the President to seek the opinion of the Supreme Court. It is duty bound to give its opinion, which is not binding on President.
Court of Record
As a Court of Record, Supreme Court has two powers 1. Judgments, proceedings and acts of Supreme Court are recorded for perpetual memory and testimony. 2. It can punish for contempt of court.

Power of Judical Review (Article 137)

▸ Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive order of both Central and State Government.
▸ On examination, if they are found to be violative of the Constitution, they can be declared as illegal, unconstitutional and invalid and they cannot be enforced by any authority.
▸ Judical review is needed for the reasons
▸ Uphold the supremacy of the Constitution
▸ Maintain federal equilibrium
▸ Protect the Fundamental Rights of the citizens Some famous cases, in which the Supreme Court used the power of judical review are
▸ Golakanath Case (1967)
▸ Bank Nationalisation Case (1970)
▸ Privy Purse Abolition Case (1971)
▸ Kesavananda Bharati Case (1973)
▸ Minerva Mills Case (1980)
▸ Article 141 Law declared by Supreme Court to be binding on all courts, within the territory of India.
▸ Article 144 All authorities, civil and judicial in the Territory of India to act in aid of the Supreme Court.
▸ Public Interest Litigation (PIL) Any person can now initiate a proceeding on behalf of the aggrieved person (if the aggrieved persons cannot do so on their own) in either the High Court or the Supreme Court for the protection of greater public interest.

The National Judicial Appointment Commission Act, 2014

▸ The Bill has been introduced in conjunction with the Constitutional (121st Amendment) Bill, 2014, amends provisions related to appointment and transfer of judges to the higher judiciary.
▸ It establishes a National Judicial Appointment Commission (NJAC) to make recommendations to the President on appointment and transfer of judges to the higher judiciary.
▸ The NJAC Act, 2014 states that the NAC shall comprise : (i) the Chief justice of India (CJI), (ii) two other senior most judges of the Supreme Court (SC), (iii) the Union Minister for Law and justice, and (iv) two eminent persons to be nominated by the Prime Minister, the CJI and the Leader of Opposition of the Lok Sabha.
▸ The functions of the NJAC include making recommendations for appointments of the CJI, SC judges, Chief Justice and other High Court (HC) judges and transfer of HC judges.
▸ The NJAC shall elicit the views of the Governor and Chief Minister of the state before making recommendations.
▸ The NJAC shall not recommend a person for appointment if any two members of the Commission do not agree to such recommendation.