POLITY & GOVERNANCE

(Revision Notes)

CHAPTER 27: SUPREME COURT

1. Introduction: The Indian constitution has established an integrated judicial system with the
Supreme court at the top and high courts below it. SC was inaugurated on January 28, 1950;
succeeded Federal court of India established under GOI act, 1935. It replaced British Privy Council
in 1950.
2. Constitutional Provisions: Article 124 to 147 in Part V of the constitution deals with organization,
independence, jurisdiction, powers, and procedures. The Parliament is also authorized to regulate
them.
3. Parliament cannot curtail jurisdiction of SC, however parliament can extend the Jurisdiction of SC.
4. SC is the custodian of the constitution of India.
5. Organization of Supreme Court: Originally the strength of the Supreme Court was fixed at eight
(one chief justice and seven other judges) + In 2019, the center notified an increase in the number
of Supreme Court judges from thirty-one to thirty-four (34), including CJI.
6. Appointment of Judges
• The judges of the Supreme Court are appointed by the president
• The chief justice 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 president after consultation with the chief justice and such
other judges of the Supreme Court and the high courts
• The consultation with the chief justice is obligatory in the case of appointment of a judge other
than the Chief justice.
• 1st judges case (1982): Consultation does not mean concurrence.
• 2nd judges case (1993): Consultation means concurrence; advice tendered by CJI is binding on
President in matters of appointment of judges of SC + CJI should consult two of his senior most
colleagues + Senior most judge of SC should alone be appointed to the office of CJI.
• 3rd judges case (1998): Consultation of plurality judges + CJI should consult a collegium of
four seniormost judges of SC.
7. Qualification of Judges: citizen of India + should have been a judge of a High Court for 5 years or
should have been an advocate of a High Court for 10 years or should be a distinguished jurist in the
opinion of the president. Note: Constitution has not prescribed a minimum age for appointment as
a judge.
8. Oath: Before the President
• true faith and allegiance to the Constitution of India;
• uphold the sovereignty and integrity of India;
• to duly and faithfully and to the best of his ability, knowledge and judgement to perform the
duties of the Office without fear or favour, affection or ill-will; and
• to uphold the Constitution and the laws.
9. Tenure of Judges
• Constitution has not fixed the tenure of a judge of the Supreme Court.
• holds office until he attains the age of 65 years (question regarding age determined by
parliament)
• He can resign his office by writing to the President (Note: not CJI)
• He can be removed from his office by the President on the recommendation of the Parliament:
Grounds: Misbehavior and incapacity.
10. Removal of Judges- Judges Enquiry act (1968) regulates the Procedure:

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• A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the
case of Rajya Sabha)
• The Speaker/Chairman may admit the motion or refuse to admit it.
• If admitted: 3 member committee of 3 judges of the Supreme Court and a distinguished jurist
is constituted by Speaker/Chairman.
• After the motion is passed by each House of Parliament by special majority, an address is
presented to the president for removal of the judge.
• no judge of the Supreme Court has been impeached so far.
• Parliament is empowered to regulate the procedure for the investigation and proof of such
misbehavior or incapacity.
• A judge may be removed from his office only by an order of the president.
11. Salaries and allowances
• The salaries, allowances, privileges, leave and pension of the judges of SC are determined from
time to time by the Parliament.
• They cannot be varied to their disadvantage after their appointment except during a financial
emergency.
• Retired Chief Justice and judges are entitled to 50% of their last drawn salary as monthly
pension.
12. Acting Chief Justice: The President can appoint a judge of the Supreme Court as an acting Chief
Justice of India; when Office is vacant/ CJI is absent/ CJI is unable to perform the duties.
13. 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.
14. Retired Judge- At any time, the chief justice of India can request a retired judge of the Supreme
Court or a retired judge of a high court to act as a judge of the Supreme Court for a temporary period.
Such a judge is entitled to such allowances as the President may determine.
15. Seat of Supreme Court: Designated under the Constitution as Delhi. It also empowers the Chief
Justice to appoint another location or location as the Supreme Court's seat; only with the President's
approval can he/she decide in this regard + provision is only optional and not compulsory.
16. Procedure of the court
• With the President's consent, SC can issue rules that govern the court's general practice and
procedure.
• A bench of at least five judges decides on constitutional cases or references brought by the
President under Article 143.
• The verdicts are handed down in open court.
• All decisions are made by a majority vote, but judges can provide opposing judgments or
opinions if they disagree.
17. Independence of Supreme court
• Federal court; highest court of appeal; guarantor of fundamental rights of citizens and guardian
of the constitution.
• Judges can be removed by President only on grounds mentioned in constitution.
• Salaries of judges determined from time to time by Parliament.
• Salaries, allowances and pensions of judges and staff as well as admin. expenses of SC are
charged on Consolidated Fund of India: Non-votable by Parliament.
• Conduct of judges cannot be discussed except when an impeachment motion is under
consideration of Parliament.
• Ban on practice after retirement
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• Power to punish for its contempt

• Freedom to appoint its staff and prescribe their conditions of service.
• Parliament is not authorized to curtail the jurisdiction and powers of SC. However, Parliament
can extend the same.
• Separation from Executive
18. Jurisdiction and Powers of Supreme court
• Original jurisdiction (Article 131): As a federal court, SC decides disputes between different
units of Indian federation - 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. In the
above federal disputes, the Supreme Court has exclusive original jurisdiction.
o Jurisdiction does not extend to:
§ A dispute arising out of any pre-Constitution treaty, agreement, covenant,
§ A dispute arising out of any treaty, agreement, etc.,which specifically provides that the
said jurisdiction does not extent to such a dispute.
§ Inter-state water disputes.
§ Matters referred to the Finance Commission.
§ Adjustment of certain expenses and pensions between the Centre and the states.
§ Ordinary dispute of Commercial nature between the Centre and the states.
§ Recovery of damages by a state against the Centre.
§ Any suit brought before SC by a private citizen against the Centre or State cannot be
entertained under this.
• Writ Jurisdiction
o The Supreme Court has original jurisdiction in the sense that an aggrieved citizen can
directly go to the Supreme Court, not necessarily by way of appeal.
o Not exclusive: HCs are also empowered to issue this.
o SC can issue writ only for enforcement of FR
• Appellate Jurisdiction
o 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.
• Appeal by Special leave: SC is authorized to grant in its discretion special leave to appeal from
any judgement in any matter passed by any court or tribunal in the country (except military
tribunal and court martial) + This power of the Supreme Court under Article 136 is discretionary
and Court may or may not allow special leave to appeal to any person + As per the Civil
Procedure Code and the Supreme Court Rules, any person aggrieved by judgment can file a
review petition + It would ordinarily be entertained without oral arguments by lawyers
• Advisory Jurisdiction
o The Constitution (Article 143) authorizes the president to seek the opinion of the
Supreme Court in the two categories of matters: (a) On any question of law or fact of public
importance which has arisen or which is likely to arise (Supreme Court may tender or may
refuse to tender its opinion to the president) (b) On any dispute arising out of any pre-
constitution treaty, agreement.
o In first case, SC may tender or refuse to tender its opinion to president; in second case: SC
must tender its opinion to the President.

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• Court of Record: All the proceedings of the Supreme Court are recorded and assume the form
of case law. Such decisions are binding on all courts in India.
19. Other Powers
• It decides disputes regarding election of President and Vice-President : original, exclusive and
final authority.
• Enquires into conduct and behavior of chairman and members of UPSC on reference made by
President. The advice tendered by SC in this regard is binding on President.
• Ultimate interpreter of the constitution.
• Power of judicial superintendence and control over all the courts.
• SC jurisdiction w.r.t matters in Union list can be enlarged by the Parliament.
20. Supreme Court Advocates
• Senior Advocates
• Designated as senior advocates by the supreme court of India or by any High Court.
• not entitled to appear without an Advocate-On-Record in the Supreme Court or without a
junior in any other court or tribunal in India.
• Advocates on Record
o Only these advocates are entitled to file any matter or document before the Supreme Court.
o They can also file an appearance or act for a party in the Supreme Court.
• Other Advocates
o These are advocates whose names are entered on the roll of any State Bar
Council maintained under the Advocates Act, 1961 and
o they can appear and argue any matter on behalf of a party in the Supreme Court but they
are not entitled to file any document or matter before the Court.

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