The Supreme Court

The Judiciary-It is one of the 3

main the organ of government.
The principal role of the judiciary is
to protect rule of law and ensure
supremacy of law. It safeguards
rights of the individual, settles
disputes in accordance with the law
and ensures that democracy does not give way to individual or
group dictatorship.
A single integrated system - means the Supreme court is the
head of the entire system, it supervised and control
functioning of other courts. A single civil and criminal
system operates throughout the country.

Need for a Single Integrated Judiciary:

1. Protection of rights of individual from Legislative &
executive
2. It is essential for federal set up where power is
decentralized
3. It is essential requirement for protection of human right &
democracy.

The Supreme Court- It consist of Chief Justice & not more

than 33 other Judges until Parliament amends.

Qualification & Appointment as Judge of Supreme Court:

1. He should be citizen of India
2. has been for at least 5 years as Judge of High Court, OR

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3. has been for at least 10 years an Advocate of HIGH
COURT, OR
4. is in the opinion of the president a distinguished JURIST.

Appointment: Every Judge is appointed President of India in

consultation with Judge of SC & HC besides the Council of
Minister.
The Senior most Judge is appointed as the Chief Justice of
S.C.
Term - 65 years or he may resign by the resignation letter to
President.
Appointment of Ad-Hoc Judges- The CJ of India may appoint
is necessary.

Impeachment - A judge of S.C. may be removed by an order

of President on the ground of proved misbehaviour or
incapacity. Such an order is passed after an address by each
House of Parliament supported by 2/3 rd of members
present and voting called Impeachment. Ex Judge - V. Rama
swami (1993).
Seat of Supreme Court- New Delhi

Independence of Judiciary from control of Executive &

Legislative
Independence of the Judiciary is ensured by the following
devices:
1. Appointment of Judges: Every Judge of the Supreme Court
is appointed by the President after consultation with the
Cabinet as well as the Judges of Supreme Court and High
Court. Thus, the judiciary and the executive are involved in
the appointment of Judges.
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2. Removal of Judges: The Judges cannot be removed from
office by any authority through a normal simple procedure.
A judge can be removed by the President only for proved
misbehaviour and incapacity. This charge needs to be
proved only by a joint address by both Houses of Parliament
and supported by a two third majority of members present
and voting. The word proved' is very important. It means
that an address can only be presented after an allegation
has been thoroughly examined by some impartial tribunal.

3. Security of Tenure: A Judge can remain in office till he has

attained the age of 65 years. He can be removed by the
President on the ground of "proved misbehaviour or
incapacity."

4. Security of Salaries and Service Conditions: Judges'

salaries, allowances, etc., shall not be changed to their
disadvantage during their term of office. The salaries of the
Judges cannot be reduced except during periods of financial
emergency Their salaries and allowances are charged on the
Consolidated Fund of India and so are not subject to vote of
Parliament.

5. Freedom to Announce Decisions and Decrees: The Judges

are free to announce their decisions and decrees in the court
chambers without any danger to their person, property or
fame. Their decisions cannot be criticised in public or by the
press. It is the duty of the State to ensure their personal
safety at all costs.

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6. Punishment for Contempt of Court: The Supreme Court
can punish for the contempt of court if a person or authority
makes an attempt to lower its authority.

7. Full Control Over its Procedure of Work and

Establishment: The Supreme Court is free to decide its own
procedures of work and its establishment as well as the
conditions of service of its employees. Thus, it is free from
influence of any outside agency.

JURISDICTION & POWERS

Jurisdiction is the power that court of law exercises to carry
out & enforce them.

a) Original Jurisdiction: power to hear & solve a dispute in

the first instance
i) Centre – State or Inter State Disputes Any dispute between
State or Inter State Disputes.
ii) Protection Fundamental Right- cases of violation of
Fundamental rights
iii) Transfer of Cases from Lower Courts
iv) Interpretation of Constitution.

b) Appellate Jurisdiction: power to grant special leave to

appeal against judgement given by any court in the country.
i) Constitution Cases – All cases where a certificate is issued
by High Court.
ii) Civil Cases- Appeal in civil matters if high court certifies:
a) Question of law of General Imp. and
b) Question needs to be decided by supreme court
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iii) Criminal Cases -
a) without certificate of H.C.
b) with certificate of H.C.
Certificate is not required if high court has reversed the
judgement and a case is withdrawn by High court.

Functions of Supreme Court – Settlement of Disputes.

Original: The Supreme Court has the original jurisdiction to
settle disputes between the Central government and one or
more States and Union Territories (UTS) as well as between
different States and UTS. Besides, it has original jurisdiction
with regard to the enforcement of Fundamental Rights,
transfer of cases from High Courts and interpretation of the
Constitution.

On Appeals: (i) The Supreme Court deals with appeals which

are made to it in respect of its Original Jurisdiction. It gives
its verdict on the interpretation of the Constitution. It also
settles Inter-State or Union-State disputes. (ii) Using its
Appellate Jurisdiction, it hears appeals involving
interpretation of the Constitution on civil and criminal cases
where special point of law is involved. (ii) Appeal by Special
Leave.

Appeal by Special Leave: Under Article 136) of the

Constitution, the Supreme Court can allow leave to appeal
against the judgement of any court of India. It is a special
power which is to be exercised only under exceptional
circumstances. The Supreme Court has laid down the
principles according to which this power shall be used.

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In civil cases, special leave to appeal would not be granted
unless there is a question of law or general public interest
involved in the case.

In criminal cases, the Supreme Court interferes when it is

shown that exceptional and special circumstances exist and
grave injustice has been done.

The Supreme Court could quash the decision of a tribunal

when the tribunal has exceeded its jurisdiction or adopted a
procedure which runs against the established rules of
natural justice.

ENFORCEMENT OF FUNDAMENTAL RIGHTS

Any citizen whose rights are violated may move the Supreme
Court for the enforcement of the rights.
The Supreme Court has power to issue orders or writs, in
the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari for the enforcement of any of the
Fundamental Rights.
The Constitution prohibits the State from making any law
which takes away or abridges the Fundamental Rights. If it
does so, the law shall be declared null and void by the
Supreme Court.

IMPORTANT WRITS
1. Habeas Corpus: It means 'to have the body'. By issuing
such a writ, the High Court or the Supreme Court can get the
body of any person released if it has been unlawfully
detained by any person or a group of persons or by the

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State. This writ is, thus, a great safeguard for the personal
freedom of a citizen.
2. Mandamus: In Latin, it means 'we order'. It is a command
or an order from a Superior Court to a lower or an
administrative authority to perform certain duty.
3. Writ of Prohibition: The Writ of Prohibition is an order
issued by a superior court to a lower court to stop
proceedings in a case which might be in excess of the
jurisdiction of the lower court.
4. Writ of Certiorari: This writ is issued by a superior court
to a judicial authority desiring "to be informed of what is
going on." Though it appears similar to the Writ of
Prohibition, there is a difference. Writ of Prohibition is
issued when certain proceedings are going on. The Writ of
Certiorari is issued after the order has already been passed
by the lower court.
5. Quo-warranto: It means "by what order." It is issued when
a person has usurped any office. This writ thus prevents
public officers from forcibly or wrongly holding a high
public office.

Advisory Jurisdiction –
The S.C. gives opinion on any question of law or of public
importance for consideration of the President.

Revisory Jurisdiction –
Article - 137 allow SC to review its judgement if any mistake
or error has been made. It is court of record & its decision
are used as proof in other cases and cannot be questioned
in any court.

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Judicial Review - It is the interpreter of Constitution & its
decision is final. It can declare any law null or void. This
power is called Judicial Review.

NEED FOR JUDICIAL REVIEW

(i) In a written Constitution a law may be ambiguously
worked. The question of interpretation of the Constitution is
bound to arise and the Supreme Court only has the power of
original jurisdiction.
(ii) The legislature may not possess the wisdom, experience
and impartiality which are needed to explain what the law
means. This function can be best performed by the Supreme
Court.

Court of Record: Judgement of S.C. are recorded for proof &

testimony no court can. Its judgement are preserved as
record.

Administrative and Supervisory Functions-

1. Appointment of officer & Staff of S.C.
2. The rules regarding conduct of Advocates appearing
before court.
3. It has simplified the procedure in the area of Public
Interest Litigation (PIL).

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