SUPREME
COURT OF INDIA
Overview
The Supreme Court of
India is decreed by Part V, Chapter IV of the Constitution
It was established on 28
Jan 1950
According to the
Constitution, the role of the Supreme Court is that of a federal court,
guardian of the Constitution and the highest court of appeal
The Supreme Court has
original, appellate and advisory jurisdiction
About
the Supreme Court building
The first home of the
Supreme Court was the Chamber of Princes of the Parliament building, which had
been the seat of the Federal Court of India.The Court moved to the present
premises in 1958.The present premises was designed by Ganesh Bhikaji Deolalikar
COMPOSITION
OF THE SUPREME COURT
Judges
of the Supreme Court
-The Supreme Court
consists of 31 judges – one Chief Justice and 30 other
Justices
-The Constitution
originally provided for 7 judges in the Court. However, due to
increased workloads, this number has been gradually increased, reaching 31 in
2008
-Judges in the Supreme
Court sit together in Benches to hear cases
-A small Bench, with two
to three Justices, is called a Division Bench
-A large Bench, with five
or more Justices, is called a Constitutional Bench
-A Division Bench may
refer a case up to a Constitutional Bench if desired
-The first woman judge of
the Supreme Court was Justice Fatima Beevi in 1987. However, there has been no
female Chief Justice
Terms of service
Judges of the Supreme
Court are appointed by the President
Judges of the Supreme
Court retire at the age of 65
Must be a citizen of
India
Must have been one of the
following
A judge of a High Court
for at least 5 years
An advocate of a High
Court for at least 10 years
A distinguished jurist,
in the opinion of the President
Ad hoc
Judges
Ad hoc Judges are
non-Supreme Court judges who sit in the Supreme Court when there is
insufficient quorum to perform the judicial duties. Ad hoc Judges are
appointed by the Chief Justice after obtaining consent from the
President. Serving and retired judges of the Supreme Court (and High
Courts) can sit and act as ad hoc Judges of the Supreme Court. Only such
persons can be appointed as ad hoc Judges who are qualified to be appointed as
a regular Judge of the Supreme Court
The office
of the Chief Justice
-The senior most judge of
the Supreme Court is appointed as the Chief Justice
-The Chief Justice
remains in office for 5 years or until retirement, whichever is earlier
-The Chief Justice is
responsible for allocation of work to other judges
-Other judges may refer
cases to him if a bench of higher strength is required
-The Chief Justice
administers the oath of office to the President In the absence of the
President and the Vice-President, the Chief Justice sits as the Acting
President of India
-The Chief Justice is the
ex-officio Chancellor to most autonomous law schools in India
Note worthy Chief Justices
The present CJI is Justice Ranjan Gogoi,
and is the 46th CJI since January 1950, the year the Constitution came into
effect and the supreme court came into being. He succeeded Justice Dipak Misra
on 2 October 2018, and will remain in office till 17 November 2019, the day he
retires on turning 65 years in age.
-The first Chief Justice
of India was H J Kania (1950 – 1951). Before appointment to the Supreme Court,
he served as the Chief Justice of the Federal Court of India (1947 – 1950). He
was from Bombay
-The shortest tenure was
for K N Singh (Nov 1991 – Dec 1991, UP)
-The longest tenure was
for Y V Chandrachud (1978 – 1985, Bombay)
NDEPENDENCE
OF JUDGES
-The salaries and
allowances of Judges are charged to the Consolidated Fund of India and are not
subject to a vote of Parliament
-The salaries and other
service conditions of Judges cannot be changed to their disadvantage during
their tenure
-Judges can be removed
only by a resolution of both Houses of Parliament passed with a two-third
majority
-Judges can be removed
only on grounds of proven misbehaviour or incapacity
-Judges are barred from
practicing in any court after retirement
-The decisions and
actions of Judges cannot be criticized. Disrespect to Court authority can
invite Contempt of Court proceedings
-The conduct of Judges
cannot be discussed in Parliament or state legislatures
-The appointment of
Judges does not depend on the discretion of the President. Judges are appointed
by the President in consultation with other Judges of the Supreme Court, while
the Chief Justice is appointed based on seniorityThe Court enjoys complete
freedom with respect to appointment of officers of the Court
JURISDICTION
OF THE SUPREME COURT
Original
Jurisdiction
Original Jurisdiction
means that certain types of cases can originate with the Supreme Court only
The Supreme Court has
original jurisdiction in
-Disputes between the
Centre and one or more states
-Disputes between the
Centre and any state(s) on one side and one or more states on the other side
-Disputes between two or
more states
-Disputes regarding the
enforcement of Fundamental Rights
Appellate
Jurisdiction
Appellate Jurisdiction
means that appeals against judgements of lower courts can be referred to it.The
Supreme Court is the highest court of appeal in the country
Three types of cases fall
with appellate jurisdiction:
Constitutional cases: an
appeal against a High Court judgement can be made to the Supreme Court if the
High Court determines that the case involves questions on the interpretation of
the Constitution
Civil cases: an
appeal can be made in civil cases if the High Court certifies that the
case involves a substantial question of law of general importance,
and that the said question needs to be decided by the Supreme Court
Criminal cases: an
appeal can be made in criminal cases if the High Court has reversed an
acquittal and sentenced a person to death, or has taken up a case from a
subordinate court and sentenced an accused to death interestingly,if the
High Court reverses a conviction and orders acquittal, no appeal to the Supreme
Court can be made
Advisory
Jurisdiction
Advisory Jurisdiction
refers to the process where the President seeks the Court’s advice on legal
mattersIf the President asks for advice from the Supreme Court, the Court is
duty-bound to give it. However, it not binding on the President to accept the
advice
POWERS AND
FUNCTIONS OF THE SUPREME COURT
Court
of Record
The Supreme Court is a
court of record:-What this means is that its records are admitted to be of
evidentiary value and cannot be questioned in any court.As a court of record,
it also enjoys the power to punish for contempt of court
Judicial
Review
Judicial Review means
that the Court can ensure that laws passed by the legislature and orders issued
by the executive do not contravene the Constitution.If these laws or orders go
against the Constitution, the Court can declare them unconstitutional and hence
invalid.The Court also protects the Fundamental Rights of citizens through
various types of writs
Other
powers
The Supreme Court
appoints its officers and servants in consultation with the UPSC and determines
their conditions of service, in consultation with the President.It can make
rules regarding the practice and procedure of the court with the approval of
the President.It can appoint arbitrators to decide cases relating to costs
incurred by state governments in carrying out directions of the Union government.It
adjudicates disputes relating to the election of the President and
Vice-President.It can recommend the removal of the Chairman and members of the
UPSC to the President
ALL THE VERY BEST
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