The Indian judiciary is part of the government and responsible for interpreting the law, resolving conflicts, and providing justice to all citizens. The Indian judiciary is seen as the protector of the Constitution and the watchdog of democracy. An unbiased and independent court is essential for democracy to work properly.
Indian Judiciary – Supreme Court of India
The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India, the highest constitutional court, with the power of judicial review.
- Establishment and constitution of Supreme Court (Article 124)
- Parliament by law determines the number of judges.
- Appointed by the President; Appointed by warrant under his hand and seal.
- Hold office until he attains 65 years of age; can resign at any time addressed to President; removed by a motion.
- Oath to be administered by the President.
- Judge of the Supreme Court not to plead in any court or authority within the territory of India.
Qualification Supreme Court Judges
- Citizen of India.
- Should have experience as a –
- Judge of a High Court for 5 years or two or more such courts;
- Advocate of High Court or two or more such Courts in succession;
- Distinguished Jurist in the opinion of the President.
Appointment of Supreme Court Judges
The judges of the Supreme Court are appointed by the President.
The appointment is based on the Collegium System.
Removal of Supreme Court Judges
By an order of the President;
A removal motion needs to be passed in both Houses of Parliament by a special majority in the same session;
On grounds of proven misbehavior or incapacity.
Parliament may provide by law to regulate the procedure for the presentation and address and investigation of such charges.
Salaries of Judges of Supreme Court (Article 125)
Determined by Act of Parliament
Not to be varied to his disadvantage (salaries; allowances and pension etc…)
The President may appoint an acting CJI in case of vacancy or absence of the Chief Justice of India (Article 126)
Appointment of Ad Hoc Judges (Article 127)
In the absence of Quorum; CJI with the previous consent of the President and after consultation with the CJ of the High Court concerned; appoint any Judge of the High Court as Ad Hoc Judge of SC.
Shall enjoy the powers and privileges of Judges of SC.
The seat of the Supreme Court (Article 130)
The seat of Supreme – Court may sit in Delhi, or another place as decided by the Chief Justice of India with the approval of the President.
Power Of Supreme Court of India
Supreme Court to be a Court of Record (Article 129)
The court whose proceedings are recorded and available as evidence of the fact.
Note: Article 125 – High Court of States to be Court of records.
Power to punish for contempt of court.
Original Jurisdiction of the Supreme Court (Article 131)
Between GoI vs State or States
Between GoI and State vs State/States
State vs State (two or more States)
Appellate Jurisdiction of the Supreme Court (Article 132; Article 133; Article 134; Article 134A)
Appeal on civil, criminal (or) other proceedings to Supreme Court; provided H.C grants a certificate; [Article 134A]; it involves a substantial question of law relating to the interpretation of the Constitution.
Appellate Jurisdiction of S.C in civil matters [Article 133]; case involves a substantial question of general importance; If in the opinion of the High Court, the Supreme Court should decide the matter; certificate issued by H.C [Article 134A].
The appeal in cases of criminal matters; the sentence is death (matter of right); or certified by the High Court under Article 134A.
Special leave Jurisdiction (Article 136)
SC has the discretion to grant special leave to appeal any judgment; decree or order.
Power to review its own orders and decisions (Article 137)
The Supreme Court has the power to review its own orders and judgments.
1. Rules made by SC (Article 145)
2. The law made by Parliament.
Article 139 – Power to issue writs: Any writ apart from Fundamental Rights; by a law of Parliament.
Article 141 – Law declared by S.C. to be binding on all courts.
Article 142 – Extraordinary powers of S.C
– S.C. can pass any order/decree to do complete justice on any matter pending before it.
Article 143 – Power of the President to consult the Supreme Court.
Advisory jurisdiction of the Supreme Court.
Article 145 – Rulemaking power of the Supreme Court
– Subject to Law of Parliament; Supreme Court to make rules; with approval of President; regulating general practice and procedure in the House.
– Five Judges to decide any substantial question of law under Article 143.
Article 146 – Officers and Servants and the expenses of the Supreme Court
– CJI may appoint officers and servants of the Supreme Court; or such other Judge or officer as the Court may decide.
– Conditions of service shall be made by CJI; subject to the law made by Parliament.
– Note – Salaries; allowances and pensions or leave require the approval of the President.
– Administrative expenses of the Court; salaries; allowances and pensions etc to be charged to the Consolidated Fund of India.
The problem in Indian Judiciary