Supreme Court

of India
  The Supreme Court of India is the highest
judicial court and the final court of appeal under the
Constitution of India, the highest constitutional
court, with the power of judicial review.
 India is a federal State and has a single and unified
judicial system with three tier structure

Supreme Court High Courts

Subordinate Courts

Brief History of the Supreme Court of India

 The promulgation of Regulating Act of 1773 established the Supreme Court of

Judicature at Calcutta as a Court of Record, with full power & authority.

 The Supreme Courts at Madras and Bombay were established by King George –
III in 1800 and 1823 respectively.

 After India attained independence in 1947, the Constitution of India came into
being on 26 January 1950. The Supreme Court of India also came into existence
and its first sitting was held on 28 January 1950.

Supreme Court
 Articles 124 to 147 in Part V
of the Constitution deal with the organisation, independence,
jurisdiction, powers, procedures and so on of the Supreme Court.
The Parliament is also authorised to regulate them.
 Originally, the strength of the Supreme Court was fixed
at eight (one chief justice and seven other judges).
 At present, the Supreme Court consists of thirty-four
judges (one chief justice and thirty three other judges).
 In 2019, the centre notified an increase in the number of
Supreme Court judges from thirty-one to thirty-four,
including the Chief Justice of India.
 This followed the enactment of the Supreme Court
(Number of Judges) Amendment Act, 2019
 APPOINTMENT
 The judges of the Supreme Court are appointed by the President.
 The CJI is appointed by the President after consultation with such judges of
the Supreme Court and high courts as he deems necessary.
 The other judges are appointed by the President after consultation with the
CJI
 The consultation with the chief justice is obligatory in the case of
appointment of a judge other than Chief justice.

QUALIFICATIONS
 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 has not prescribed a minimum age for appointment as a

judge of the Supreme Court

Oath or Affirmation
 A person appointed as a judge of the Supreme Court, before entering upon his
Office, has to make and subscribe an oath or affirmation before the President,
or some person appointed by him for this purpose.
 In his oath, a judge of the Supreme Court swears:
1. to bear true faith and allegiance to the Constitution of India;
2. to uphold the sovereignty and integrity of India;
3. to duly and faithfully and to the best of his ability, knowledge and judgement
perform the duties of the Office without fear or favour, affection or ill-will; and
4. to uphold the Constitution and the laws
TENURE
 The Constitution has not fixed the tenure of a judge of the
Supreme Court. However, it makes the following three
provisions in this regard:
He holds office until he attains the age of 65 years. Any question regarding
his age is to be determined by such authority and in such manner as
provided by Parliament.

He can be removed from his office by the President on the

recommendation of the Parliament.

He can resign his office by writing to the

President.

REMOVAL
 A judge of the Supreme Court can be removed from his office by an order of
the President.
 The address must be supported by a special majority of each House of
Parliament (ie, a majority of the total membership of that House and a
majority of not less than two-thirds of the members of that House present and
voting).
proved
misbehaviour
 The grounds of removal are two—

incapacity.

 No judge of the Supreme Court has been impeached so far

Salaries and Allowances

 The salaries, allowances, privileges, leave and pension
of the judges of the Supreme Court are determined from
time to time by the Parliament. They cannot be varied to
their disadvantage after their appointment except during
a financial emergency.

Acting Chief Justice

 The President can appoint a judge of the Supreme Court as an acting
Chief Justice of India when:
 the office of Chief Justice of India is vacant; or
 the Chief Justice of India is temporarily absent; or
 the Chief Justice of India is unable to perform the duties of his office.
Ad hoc Judge
 When there is a lack of quorum of the permanent judges to hold or continue
any session of the Supreme Court, the Chief Justice of India can appoint a
judge of a 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 the previous consent of the
president.
 The judge so appointed should be qualified for appointment as a judge of
the Supreme Court

Retired Judges

 At any time, the CJI can request a retired judge of the Supreme Court or a
retired judge of a 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.
 He can do so only with the previous consent of the President and also of the
person to be so appointed.

Independence of Supreme Court

 The Constitution has made the following provisions to safeguard and ensure
the independent and impartial functioning of the Supreme Court:

 Mode of appointment
 Security of tenure
 Fixed service conditions
 Expenses charged on the consolidated fund
 Conduct of judges cannot be discussed
 Ban on practice after retirement
 Power to punish for its contempt
 Freedom to appoint its staff
 Its jurisdiction cannot be curtailed
 Separation from Executive
 Jurisdiction of Supreme Court

Original Jurisdiction
 As a Federal court, the Supreme Court decides disputes between different units
of the Indian Federation. More elaborately, any dispute between:

 the Centre and one or more states; or

 the Centre and any state or states on one side and one or more states on
the other; or
 between two or more states.

Writ Jurisdiction
 The Supreme Court is empowered to issue writs, including habeas corpus,
mandamus, prohibition, quo-warranto and certiorari for the enforcement of the
fundamental rights of an aggrieved citizen.

 In this regard, the Supreme Court has original jurisdiction in the sense that an
aggrieved citizen can go directly to the Supreme Court, not necessarily by
way of appeal.
 However, the writ jurisdiction of the Supreme Court is not exclusive. The High
Courts are also empowered to issue writs for the enforcement of the
Fundamental Rights.
Appellate Jurisdiction
 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:
 Appeals in constitutional matters
 Appeals in civil matters
 Appeals in criminal matters
 Appeals by special leave

Advisory Jurisdiction

 The Constitution under Article 143 authorises the President to seek the
opinion of the Supreme Court in the two categories of matters:

 On any question of law or fact of public importance which has arisen or

which is likely to arise.
 On any dispute arising out of any pre-constitution treaty, agreement,
covenant, engagement, sanador other similar instruments.
Some Interesting and Unknown Facts about Supreme Court of
India
 On 29 October, 1954 Dr. Rajendra Prasad the first President of India laid the
foundation stone of the Supreme Court building.
 India’s Supreme Court succeeded the Federal Court of India on 28 January,
1950 which was established by the Government of India Act 1935 and the
Privy Council, which was the highest judicial body in the country during British
era
 The design of the Court’s seal is reproduced from the wheel that appears on
the abacus of the Sarnath Lion capital of Ashoka with 24 spokes
 The first woman judge of SC of India and also in Asia was the Fathima
Beevi who was appointed to Supreme Court in 1959.
 The Right and left wings of the building represents two scales. The Right Wing
consists of the offices of the Attorney General of India and other law officers,
the bar-room and the library whereas the Left Wing consists of the offices of
the Court
 Lets revise
 Where did India get its concept of Single order of court?
a) Government of India Act, 1935
b) Government of India Act, 1919
c) Pitts India Act, 1773
d) None of the above
 Ans. a

 Which of the following is not included in the qualification for being a judge in the
Supreme Court?
a) He/she should be a citizen of India.
b) He should be a respected jurist in the eyes of Parliament
c) He/She must be a judge in the High Court for at least 5 years
d) He/ She should be a lawyer in the High Court for at least 10 years
 Ans. b

 Which statement is NOT correct regarding the tenure of judges of the Supreme
Court ?
a) A Judge of the Supreme Court can remain in office till the age of 65 years.
b) Judge of the Supreme Court gives his resignation letter to the Chief Justice
c) On the recommendation of Parliament, he can be removed by the President.
d) A Supreme Court judge can be removed only in the condition of misconduct.
 Ans. b