Supreme Court of India - Article 124 to 147 of Part V (Current Strength = 34)
Integrated and Independent Judicial System
Tier I - Supreme Court of India Mentioned in Article 124 (1)
Tier II - High Courts
Tier III - Subordinate Courts below state level
Single system of Courts implements federal as well as state laws. This provision has been adopted from Government of India Act, 1935.
SC succeeded Federal Court of India, which was established by GOI Act, 1935. But, powers of SC are greater than those of FC, as for FC, British Privy Council was highest court of appeal and SC is the highest court of appeal in itself, presently
Appointment of Judges of SC and HC - Article 124 (2)
Procedure
Judges of SC are appointed by President by a warrant under his hand and seal, after consultations with CJI and in case of a conflict, opinion of CJI holds primacy and stands determinitive. Also, consultations here means consultations with a collegium of CJI and 4 senior- most judges of SC.
Judges of HC are appointed by President by a warrant under his hand and seal, after consultations with CJI and in case of a conflict, opinion of CJI holds primacy and stands determinitive. Also, consultations here means consultations with a collegium of CJI and 2 senior- most judges of SC.
Transfer of judges of HCs are done by President by a warrant under his hand and seal, after consultation with a collegium of SC judges comprising CJI and 4 senior- most judges and also, Chief Justices of the 2 HCs concerned.
History and conflicts
FIRST JUDGES CASE or SP GUPTA V/S UNION OF INDIA CASE, 1982- SC held that, in interpreting Article 124(2), the word 'consultation' doesn't mean 'concurrence'.
SECOND JUDGES CASE or SC ADVOCATES- ON- RECORD V/S UNION OF INDIA CASE, 1993- SC overruled it's earlier judgement of 1982 and ruled that word 'consultation' in Article 124(2) means 'concurrence' and in case of conflict, the opinion of CJI will hold primacy. Also, by consultations doesn't mean sole opinion of CJI but opinion of 'PLURALITY OF JUDGES' or a collegium of 2 senior- most judges of SC.
THIRD JUDGES CASE, 1998- On a special reference by President, SC expanded the earlier collegium of 2 senior- most judges to 4 senior- most judges.
In 2014, the GoI scrapped Collegium system and by 99th CAA, parliament inserted Article 124A in constitution that replaced Collegium System with NJAC System. Subsequently, in FOURTH JUDGES CASE, 2015, SC held 99th CAA and Article 124A unconstitutional and restored Collegium system.
Qualification of Judges- Article 124(3)
Citizen of India
Should have been a judge of a HC or two or more HCs in succession, for a period of 5 or more years
Should have been an advocate of a HC or two or more HCs in succession, for a period of 10 or more years
A distinguished Jurist in the opinion of President.
No minimum age is prescribed (Although, maximum age prescribed s 65 years)
Removal of the Judges- Article 124(4)
GROUNDS
Proven misbehavior and incapacity
Removed by the President if the motion of the removal is passed and presented to President in the same session in which it was moved
PROCEDURE is regulated by The Judges Enquiry Act, 1968
Removal motion can be moved in both the houses and must be signed by 100 MPs (LS)/ 50 MPs (RS) and presented to Speaker/ Chairman.
The Speaker/ Chairman can either admit or dismiss the motion
If the motion is admitted then a 3- member committee is constituted by Speaker/ Chairman
Composition of the committee constituted - CJI + CJ of a HC + Distinguished Jurist. The committee investigates the allegations of proven misbehavior and incapacity and if it finds the judge guilty, then the house that moved the removal motion, votes on the motion.
The motion should be passed by special majority i.e, absolute majority + 2/3rd of members present and voting, in both the houses, separately.
Finally, an order is passed by president and on the date of passing of removal order, the judge stands removed.
Ad- Hoc Judges - Article- 127
Appointed from any HC, by CJI when there is a lack of quorum to hold a session of SC. He/ she is appointed for a temporary period till the quorum isn't sufficient.
CJI must take prior consent of President and hold consultations with the Chief Justice of High Court from where the judge is appointed as Ad- Hoc judge.
Seat of Supreme Court- Article 130
Constitution declares Delhi as the seat of SC
CJI can appoint any other place as the seat of SC, with prior consent of President, but this power is discretionary.
Independence of Judiciary
Appointments are made by Judiciary itself - SECOND & FORTH JUDGES CASE
Security of Tenure- Judges although appointed by President, don't hold the office till the pleasure of the president, and can be removed only on the grounds mentioned in the constitution(Article 24(4)).
Expenses of SC and pensions of judges of HC are charged upon the consolidated fund of India and thus, aren't votable in RS.
Conduct of Judges can't be discussed and criticized in any house of Parliament or a public fora, unless, a removal motion f a judge is in process. also, any such unsolicited criticism and interference shall be deemed as contempt of court under Article 129- Supreme Court to be a court of record
Ban on practice after retirement except when called upon by CJI to serve in SC as a judge under Article- 128. The retired judge can attend the meetings and his pay is decided by President but, he isn't the Judge of Supreme Court.
Freedom to appoint the staff- CJI can appoint the servants and officers for day- to - day conduct of business without any permission of the executive under Article- 146
Parliament can't curtail the jurisdiction of SC promised to it in Constitution. But, parliament can increase the jurisdiction of SC under Article- 138
JURISDICTION & POWERS OF SC
ORIGINAL JURISDICTION Article- 131
SC decides on disputes between the federal units of the nation and in such cases, it's jurisdiction is original as well as exclusive.
Exclusive Jurisdiction has following riders ❌questions of political nature can't be decided ❌any suit brought to SC by a private citizen against Union or state can't be entertained.
WRIT JURISDICTION Article- 32
SC power of issuing of Writ petitions is Original but not exclusive as it is concurrent with the writ jurisdiction of HC
SC can issue Writs for enforcement of FRs but a HC can issue Writs for purposes other than enforcement of FRs. But, SC can issue Writs on other occasions as well by the mandate of the Parliament under Article- 139
APPELLATE JURISDICTION Article- 132
SC exercises Appellate jurisdiction under 4 heads
Constitutional Matters
An Appeal shall lie in SC for any judgement, decree or final order of a HC in the territory of India, whether in civil, criminal or other proceedings, if the HC certifies under Article 134A (44th CAA), that the case involves a substantial question of law.
Civil Matters Article- 133
Criminal Matters Article- 134 SC hears appeals to judgement of HC in 3 cases-
1) HC has on appeal reversed an order of acquittal of an accused person and sentenced him to life imprisonment or imprisonment for 10 years (Death sentence, earlier)
2) HC has taken before itself any case from the sub- ordinate court and convicted the accused person and sentenced him to life imprisonment or for a term of 10 years.
Certifies that a case is fit one to be appealed in SC under Article- 134A
In first 2 cases, SC can take suo- moto cognizance and take the appeal without any certificate from HC under Article 134A.
APPEAL ON SPECIAL LEAVE Article 136
Conventionally, SC can take appeals for judgement and rulings of HC after the appealing party has acquired the Certificate of Appeal from the HC under Article 134A. But, this whole process of acquiring Certificate is time- consuming. Under special circumstances, SC can entertain a Special Leave Petition (SLP) by circumventing the processmentioned in Article 134A. Such a power of SC is exceptional and shall be spatingly used.
Can't be offered against a Court Martial.
ADVISORY JURISDICTION Article 143
President can seek advise of SC on 2 occassions
On any question of law or fact of public importance. The request for tendering of advise can be refused by SC and even if given, such an advise in advisory in nature.
On any dispute arising out of pre- constitutional treaty, agreement, etc. The request for such an advise can't be refused by SC and is advisory in nature.
COURT OF RECORD Article- 129
Judgement, proceedings and acts of SC are recorded for perpetual memory and testimony. These records are of evidentiary value.
Power to punish for it's contempt.
Power of JUDICIAL REVIEW Article- 13
OTHER POWERS
Election disputes of presidents, vice- presidents, etc
Power to review it's own judgement under Article- 137. Eg: Kesvanand Bharti Case (1973) over Golaknath Case (1967)
It's law is binding on all courts of India. It's decree or order is enforceable through out the country