POLITY-SUPREME COURT

The Indian Judiciary administers a common law system of legal jurisdiction, in which customs, precedents and legislation, all codify the law of the land.

There are various levels of judiciary in India – different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. Supreme Court, Higher Court(Higher Judiciary), Lower Judiciary(District Session court, Criminal court),.....

The Judiciary interprets the Constitution as its final arbiter. It is its duty as mandated by the Constitution, to be its watchdog or Custodian, by calling for scrutiny any act of the legislature or the executive, who otherwise, are free to enact or implement these, from overstepping bounds set for them by the Constitution.

Supreme Court

Articles 124 to 147 in Part V of the Constitution deal with the Supreme Court. The Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the high courts below it. Under a high court, there is a hierarchy of subordinate courts, that is, district courts and other lower courts. The Parliament has the power to regulate the Supreme Court.

Organisation of the Supreme Court:

At present, the Supreme Court consists of 31 judges (one chief justice and thirty other judges). Originally, the strength of the Supreme Court was fixed at eight (one chief justice and seven other judges).

Article 124 - Eligibility Criteria of Supreme Court Judges

§ Citizen of India

§ Judge of HC for atleast 5 years in succession / advocate of HC for atleast 10 years in succession

§ A distinguish jurist in opinion of President (a highly qualified academia / law professor)

Tenure of Supreme Court Judges

§ 65 years for Supreme Court Judge

§ 3 years more than that of High court Judge

Removal of Supreme Court Judges

By order of President, after an address in each house of parliament, supported by a majority of total membership of the house & passed by a resolution supported by not less than 2/3^rd of the members present & voting.

Lok Sabha	A motion can be preferred before the house if signed by 100 members
Rajya Sabha	A motion can be preferred before the house if signed by 50 members

§ Only on grounds of proven misbehaviour or incapacity

§ Only after giving 14 days prior notice to said Judge against whom the motion is passed

§ A 3 persons judicial committee is formed headed by serving judge of SC + 2 others from (SC or HC or eminent jurists)

§ Report of same must be passed by both the houses & President

Salary of Supreme Court Judges(Article 125)

§ Chief Justice →1 lakh

§ Other Judges → 90,000

§ Salaries are drawn from consolidated fund of India

Article 126: Appointment of acting Chief Justice

When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.

Appointment of Ad-hoc Judges (Article 127)

§ IF there is lack of quorum of Judges of SC to hold or continue any session in court, CJ of India with previous consent of President & after consultation with CJ of HC concerned, request in writing the attendance of judges to sit in SC as ad-hoc judges for certain period (Judges shall be qualified to be judges of SC)

§ Retired judges of SC can sit in SC as adhoc Judges on request of CJ after consent of President, provided they fulfill the criteria of SC

Jurisdiction & Powers of Supreme Court

Original Jurisdiction:

§ Original jurisdiction of SC is power to hear a case for the 1^st time unlike Appellate jurisdiction

§ Purely federal in character i.e. have exclusive authority to decide any dispute involving a question of law between:

§ GOI (Union) v/s state or states

§ GOI & any state / states on one side & state / states on the other

§ Two or more states

§ However, according to 7^th amendment, 1956, original jurisdiction of SC does not extends to disputes, arising out of provisions of a treaty, agreement etc. which was executed before 26^th Jan 1950 & is in operation ever since

§ As per article 71, all disputes regarding election of President & vice President are handled by SC

Exclusion to original jurisdiction of states:

§ In disputes b/w centre & state due to disputes arising out of provisions of a treaty, agreement etc. which was executed before 26^th Jan 1950 & is in operation ever since

§ Parliament may by law exclude SC’s jurisdiction in disputes with respect to use, distribution & control of water in any interstate river

Writ Jurisdiction

§ A type of original jurisdiction of Supreme court

§ Jurisdiction of SC to enforce FRs : Every individual has a right to move to SC directly by appropriate proceedings for the enforcement of his FR, without coming via HC, by means of writs

Appellate Jurisdiction

Constitutional Matters

§ Appeal lies to SC if HC certifies that the case involves a substantial question of law as to interpret the constitution

§ If HC refuses to give certificate, SC may grant a special leave for appeal if it is satisfied that case does involve such question

Civil Matters

§ An appeal lies to SC from any any judgement in civil proceeding of HC if it certifies :

1.that the case involves a substantial question of law of general importance

2.that in opinion of HC, the said question needs to be decided by SC

§ Thus, No appeal in case of civil matters lies to SC as a matter of right as it lies only when HC issues a certificate on above 2 conditions

Criminal Matters

§ Constitution provides the following provisions as to appeal in criminal matters:

§ If HC has sentenced someone to death

§ If HC has withdrawn for trial before itself a case from the lower court & in such trial, lower court has sentenced the accused to death

§ If HC certifies that the case is fit for appeal to SC, even if HC on appeal has reversed an order of acquittal of accused & sentenced him to death or life imprisonment or for period not less than 10 years

Note: Appellate Jurisdiction is not Applicable in cases of Court Martial

Advisory Jurisdiction (Only consultative Role) Article 143

§ President can refer to court either on a question of law or on a question of fact provided it is of public importance. However, it is not compulsory for court to give its advice.

§ Further, President is empowered to refer to SC for its opinion regarding disputes, arising out of provisions of a treaty, agreement etc. which was executed before 26^th Jan 1950 & is in operation ever since. In such case, it is obligatory for the court to give its opinion to President

“In both of above cases, opinion expresses by SC is only advisory in nature & not binding on President”

Supreme Court as Court of Record

§ Records & judicial proceedings are of evidentiary value before any court

§ Has power to determine its own jurisdiction

Contempt of court

§ “Supreme Court has power to punish its own contempt”

§ Civil → Willful disobedience to any judge or other processes of the court

§ Criminal → Publication of any matter or doing any act whatsoever which scandalizes or tend to scandalize authority of the court or tend to interfere course of any judicial proceedings

Curative Petition

§ A review petition may be filed in SC after delivery of its judgment; Court may review the case under its inherent power but on very restricted grounds

§ The petition 1^st has to circulated to a bench of 3 senior most judges & judges who passed the judgment complained of

Others Powers of SC

§ Make rules regarding procedure & practice of court

§ Can recommend removal of members of UPSC to the President

§ Power to review the laws passed by the legislature & orders issued by executives & to declare them ultra vires if they contravene any of the provisions of the constitution

§ It must be noted that SC cannot pronounce upon the constitutionality of any law or executive’s action on its own. It can only pronounce judgment, when said law or executive action is actually challenged by someone

§ The ultimate authority to interpret the constitution also rest with SC , which has been described as mouth piece of Indian constitution

Article No.	Subject
124	Establishment and Constitution of Supreme Court
125	Salaries, etc., of Judges
126	Appointment of acting Chief Justice
127	Appointment of ad hoc Judges
128	Attendance of retired Judges at sittings of the Supreme Court
129	Supreme Court to be a court of record
130	Seat of Supreme Court
131	Original jurisdiction of the Supreme Court
131A	Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws (Repealed)
132	Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases
133	Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters
134	Appellate jurisdiction of Supreme Court in regard to criminal matters
134A	Certificate for appeal to the Supreme Court
135	Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court
136	Special leave to appeal by the Supreme Court
137	Review of judgments or orders by the Supreme Court
138	Enlargement of the jurisdiction of the Supreme Court
139	Conferment on the Supreme Court of powers to issue certain writs
139A	Transfer of certain cases
140	Ancillary powers of Supreme Court
141	Law declared by Supreme Court to be binding on all courts
142	Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
143	Power of President to consult Supreme Court
144	Civil and judicial authorities to act in aid of the Supreme Court
144A	Special provisions as to disposal of questions relating to constitutional validity of laws (Repealed)
145	Rules of court, etc.
146	Officers and servants and the expenses of the Supreme Court
147	Interpretation