Supreme Court

• Judiciary in India


  • Single judiciary system
  • Supreme Court is the head of the Indian judiciary and supervises the functions of the lower courts
  • Single civil and criminal system of laws operates all over the country
  • Cases from the High Court may be taken to the Supreme Court by way of appeal
• Supreme Court


  Highest court of appeal in the country
• The Supreme Court is located in New Delhi
• Composition of the Supreme Court of India


  • Consists of the Chief Justice of India and not more than 33 other judges
• Qualifications required for appointment as judges of the Supreme Court


  • Citizen of India
  • Judge of a High Court for five years or of two and more such courts in succession
  • Distinguished jurist in the opinion of the President
  • Advocate of a high court for at least ten years or of two or more such courts in succession
• Appointment of judges of the Supreme Court


  1. President appoints the judges in consultation with the other judges of the Supreme Court, High Court and Council of Ministers

  2. The senior most judge is made the Chief Justice of India

  3. Appointment of all judges (Excluding chief justice) shall be done only after consultation with Chief Justice(consultation being concurrence)
• Appointment of Ad Hoc Judges


  1. Judges of High Courts may be appointed as ad hoc judges of the Supreme Court by the Chief Justice of India as and when necessary

  2. Ad hoc judges are appointed after consultation with the Chief Justice of the concerned High Court and with the consent of the President
• Term of Office


  • The judge of a Supreme Court holds office until he attains the age of 65 years
  • He may resign from his office by submitting a letter of resignation to the President
• Impeachment


  The process by which a judge of the Supreme Court can be removed on the grounds of proved misbehaviour or incapacity
• Impeachment of a Supreme Court judge


  Order passed by two-thirds majority of the membership present and voting of both Houses of the Parliament
• Salaries of Supreme Court judges


  • Paid from the Consolidated Fund of India and cannot be voted upon by the Parliament
  • Cannot be reduced to their disadvantage during their tenure, except during a period of financial emergency
• Independence of the judiciary from the executive and legislature


  • Judges appointed by the President in consultation with the Prime Minister, Cabinet and other judges
  • Difficult procedure to remove judges, requiring two-thirds majority in both Houses of Parliament
  • Judges can remain in office until 65 years of age and cannot be removed except by impeachment
  • Salaries and allowances charged on Consolidated Fund, cannot be reduced
  • Judges free to announce decisions, which cannot be criticized publicly
  • Supreme Court can punish for contempt of court
  • No debate or discussion in Parliament on judge's conduct or decisions
  • Judges not allowed to continue practice after retirement
• Original jurisdiction of the Supreme Court


  • Cases that directly originate in the Supreme Court and cannot be moved to any other courts
  • Disputes between the Government of India and one or more states, or between two or more states
  • Cases where an individual's fundamental rights are denied or taken away by the government
• The Supreme Court(Number of Judges) Amendment Act, 2019, which received the assent of the President of India on august 9, 2019, increased the number of judges of Supreme Court(Excluding Chief Justice) from 30 to 33
• USA - Double Judicial set-up
• Need for Single Independent Judiciary in India


  • In a representative democracy, administration of justice assumes special significance in view of the rights of individuals, which need protection against executive or legislative inference
  • This protection is given by making the judiciary independent of the other two organs of the govt
• Independent and supreme judiciary


  • An essential requirement of a federal governance
  • In a federal set-up, there is a constitutional division of powers between the executive, legislature and judiciary
  • The supreme court not only safeguards the distributions of these powers but also prevents any action that violates the limitations imposed by the constitution
• Independent and impartial judiciary


  • An essential requisite ensuring human rights and protecting democracy
• When Chief Justice is unable to perform the duties of his/her office by reason of absence or otherwise, the President may appoint another judge of supreme court as the acting chief justice
• Chief justice may at any time with previous consent of president request attendance of retired judges of supreme court or high courts to act as judge of supreme court
• Independence of Judiciary from the control of executive and legislature:

  1. Appointment of judges
  2. Removal of judges
  3. Security of tenure
  4. Security of Salaries and service conditions
  5. Freedom to announce decisions and decrees
  6. Punishment for contempt of court
  7. Full control over procedure of work and establishment
  8. No discussion in the legislature on the conduct of judges
  9. Prohibition of practice after retirement
• 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 as well as high court. Thus the judiciary and executive are involved in the appointment of judges
• 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 misbehavior and incapacity. This charge needs to be proved by a joint address by both houses of parliament and supported by a two thirds majority of members present and voting An address can only be presented after an allegation has been thoroughly examined by some impartial tribunal
• jurisdiction - power that a court of law exercises to carry out judgements and enforce laws
• Original jurisdiction


  Cases that directly originate in the Supreme Court and cannot be moved to any other courts than the Supreme Court
• Cases that can directly originate in the Supreme Court


  • When any dispute emerges between the Government of India and one or more states
  • When disputes arise between the Government of India and one or more states and one or more states
  • When disputes arise between two or more states
• Individual approaching Supreme Court


  When any of his/her fundamental rights are denied or are taken away by the government(under original jurisdiction)
• Supreme Court transferring a case from High Court


  Under article 139 A, inserted by the 44th amendment act of 1978, the supreme court may transfer itself cases from one or more high courts if these involve a question of law or are cases of great importance (under original jurisdiction)
• All cases where the interpretation of the Constitution is required can be directly filed in the Supreme Court
• Original jurisdiction - power to hear and determine a dispute in the first instance
• Appellate jurisdiction


  power to grant special leave to appeal against judgement delivered by any court in the country
• Matters under appellate jurisdiction


  • Constitutional cases
  • Civil cases
  • Criminal cases
• Constitutional cases


  All matters under the High Court which involves the interpretation of the Constitution can be brought before the Supreme Court
• Civil cases


  Appeals can be made to the Supreme Court if the High Court certifies that (a) The case involves an important question of law of general importance. (b) The case needs to be decided by the Supreme Court. (c) If the High Court refuses to give a certificate, the Supreme Court can grant special leave to appeal in certain cases
• Criminal cases


  Two types of appeals in criminal cases can be referred to the Supreme Court if cases with or without the certificate lie before the High Court. The certificate of the High Court is not required in a case where (i) The High Court has reversed the judgement given by the lower court of acquittal and punished the accused with a death sentence. (ii)The High Court withdraws a case from the lower court and gives death sentence to the accused
• Advisory Jurisdiction

  The Supreme Court has an advisory jurisdiction on any question of law/fact of public importance which is referred to it by the President. It gives its advice under the following circumstances:

  1. If the President feels that any law is of extreme public importance, he can ask for the advice of the Supreme Court. However, such advice is not binding on the President or the government.
  2. Disputes which arise out of pre-Constitutional treaties and agreements which are excluded in the original jurisdiction can be referred to the Supreme Court for advisory jurisdiction
• Revisory Jurisdiction The Supreme Court(under A 137) has the power to review any judgement with a view to undo any erroneous decision given by it. This is important because the Supreme Court is also a court of record and its decisions may be referred by other courts while giving judgments.
• Judicial Review

  The Supreme Court's power to review any law passed by the government and declare it null and void (ultra vires) if it violates any provision made in the Constitution
• 1. Can review all national and state laws and executive orders

  Can declare laws null and void if they do not conform to the spirit of the Constitution

  2. In a federal setup like that of India, if any disputes arise between state and central governments. The Supreme Court can settle disputes between them

  3. In the Constitution, a law may be ambiguously written. The Supreme Court has the power to settle disputes over the interpretation of law
• Acts of Parliament declared null and void:

  1. Presidential order concerning derecognition of former princes
  2. Banking Companies Act(1969) - nationalization of 14 banks
  3. August 1999 - 'merit' should be the sole criterion for admissions to pg and other higher courses in medicine and engineering