Supreme Court of India

 Supreme Court of India

The judicial system in India is single and unified, having a three-tier structure, i.e. Supreme Court, High Court and Subordinate Courts. On whose highest peak is the Supreme Court of India. The Supreme Court of India is the apex court of India with judicial review power and is the final court of appeal for justice under the Constitution of India. The provision about the Supreme Court has been taken from the Constitution of the United States of America in the Indian Constitution.

History of supreme court

In 1773, through the Regulating Act, the Supreme Court of Judicature was established in the form of Court of Record with full power and authority. It was established to hear and settle complaints of all crimes of Bengal, Bihar and Orissa.

A Federal Court for India was established under the Government of India Act 1935. The Federal Court had the power to settle disputes between the provinces and the federal states and to hear appeals against the decisions of the High Courts.

After India got independence in the year 1947, the Constitution of India came into force on 26 January 1950. Simultaneously the Supreme Court also came into existence and its first meeting was held on 28 January 1950.

Constitutional provision

The Parliament of India has the power to make laws related to the establishment, constitution, jurisdiction and regulation of powers of the Supreme Court. The law declared by the Supreme Court is binding on all the courts of India. Provision has been made about the Supreme Court in Part 5, Chapter 6 and Articles 124 to 147 of the Constitution. In this, the organization, independence, jurisdiction, powers and procedures of the court have been mentioned.

Organization of the Supreme Court

Article 124(1) of the Constitution has made a provision regarding the constitution of the Supreme Court, in which it has been said that the Supreme Court will consist of a Chief Justice and 7 other judges (total 8 judges) and the number of judges from time to time in Parliament. can determine. Parliament passed the Supreme Court (Number of Judges) Act 1956 to fix the number of judges and the number of judges was increased to 11. By amending this act, the number of judges has been increased several times. The number of judges was increased to 14 in 1960, 18 in 1977, and 26 in 1986. Later this number was increased to 31. At present, there is one Chief Justice and 33 other judges (total 34 judges) in the Supreme Court.

Qualification of judges

The following qualifications are required in a person to be appointed as a Judge of the Supreme Court -

1. He should be a citizen of India.

2. He has been a Judge of a High Court for at least 5 consecutive years or

3. He should have worked as an advocate in the High Court or any court for at least 10 years or

4. He should be an expert jurist in the opinion of the President.

Supreme Court Location

Location of the Supreme Court (Article 130) - The Supreme Court is located in New Delhi, but it can hear at any place other than New Delhi, this other place can be determined by the Chief Justice with the permission of the President.

Appointment of judges of the Supreme Court

The Chief Justice of the Supreme Court is appointed by the President and other judges are appointed by the President on the advice of the Chief Justice.

Appointment of Acting Chief Justice

Article 126 of the Constitution has made a provision regarding the appointment of an acting Chief Justice, according to which whenever the office of the Chief Justice is vacant or the Chief Justice is unable to perform his duties or the Chief Justice is sent on a resolution passed by the Parliament. If he has been removed from his office by the President or has resigned himself, the President may appoint any of the Judges of the Supreme Court to perform the duties of the Chief Justice.

Appointment of Ad hoc judges

Article 127 of the Constitution provides that the Chief Justice may, with the prior consent of the President, after consultation with the Chief Justice of a High Court who is qualified to be appointed as a Judge of the Supreme Court, make appointments as an ad hoc judge. When judges are required to hold the session of the Supreme Court. The Judge so appointed shall have all the rights, powers and privileges which are enjoyed by a Judge of the Supreme Court.

Supreme Court to be court of record -

Under Article 129, the Supreme Court acts as a Court of Record and can also punish for its Court of contempt . 

Oath taking by judges

Article 124 (6) of the Constitution provides for the oath of the judges of the Supreme Court. According to this, the oath is administered to the judges of the Supreme Court by the President.

Judges take oath for the following -

1. For true faith and allegiance to the Constitution of India established by law,

2. To uphold the sovereignty and integrity of India,

3. To perform the duties of his office with due devotion and to the best of his ability, knowledge and discretion, without fear or favor, affection or malice, and

4. To maintain the dignity of the constitution and laws.

Salary of Judges

When the Constitution was implemented in 1950, the salary of the Chief Justice was Rs.5,000. And the salary of other judges is Rs.4,000. was monthly. Since then till date the salary and allowances of judges have been increased from time to time. At present the salary of the Chief Justice is Rs 2,80,000 thousand. 2,50,000 per month and other judges' salary. is per month. All pay and allowances are charged on the Consolidated Fund of India. According to Article 125 of the Constitution, no change shall be made in the salary, allowances and privileges of the Judges of the Supreme Court after their appointment, which is to their disadvantage.

Term of office

According to Article 124(2), the Chief Justice and other judges of the Supreme Court continue in their office till the age of 65 years. But even before attaining the age of 65 years, he can be relieved of office by resigning to the President or he can be removed from office by the process of impeachment by both the Houses of Parliament on the ground of proven misconduct or incapacity.

 Impeachment process for removal of judges

A provision has been made in the Constitution for the removal of judges of the Supreme Court and High Courts, according to which a judge can be removed from his office only if he is guilty of misconduct and competence and on this ground the removal of the judge has been made. If the President has ordered by each House of Parliament to be laid before the President in the same session by a majority of its total strength and by a majority of not less than two-thirds of the members present and voting, and supported by the President.

Judges (Inquiry) Act, 1968

Parliament has been empowered by the Constitution to regulate by law the laying of motions against a judge before the Parliament and the procedure for inquiry and proving the misconduct or competence of the judge. Parliament exercised this power and enacted the Judges (Inquiry) Act, 1968. The procedure for making representations against judges has been prescribed in section 3 of this Act. According to this, for the removal of a judge from office, at least 100 members of the Lok Sabha or at least 50 members of the Rajya Sabha should give notice to the Speaker or Speaker. The Speaker of the Rajya Sabha or the Speaker of the Lok Sabha, after perusing the facts attached with the notice, decides whether to accept or reject the demand for the removal of the judge. If the Chairman or the Speaker accepts the notice of discharge, he shall constitute a three member committee to inquire against the judge. The members of this committee will be as follows:-

1. A Supreme Court Judge

2. Chief Justice of a High Court

3. A person who, in the opinion of the Chairman or the Speaker, is a renowned jurist or jurist.

If this committee confirms the allegation leveled against the judge in its report, then the Chairman or Speaker places this report before the Parliament. If both the Houses of Parliament pass a resolution to remove the judge by their respective special majority, then the President can pass an order to remove the judge from his office. But this order of the President can be reviewed by the Supreme Court.

Note 1: - The resolution to remove the judge should be proposed and passed in the same session of the Parliament.

Note 2: - Till now, impeachment proceedings were held in Parliament in 1993 to remove Justice V. Ramaswamy, a judge of the Supreme Court, but that proceedings failed due to lack of necessary majority and impeachment could not be passed on the judge. Was .

Jurisdiction of Supreme Court

Such cases come under the jurisdiction of the Supreme Court, whose right to hear is not available to any High Court or subordinate courts. The Supreme Court has jurisdiction in the following matters -

1. Original Jurisdiction -

The Supreme Court has jurisdiction in the following matters -

1. In disputes arising between the Union of India and one or more states,

2. In disputes arising between the Union of India and any one State or several States and one or more States,

3. In a dispute between two or more states in which the question of their statutory rights is involved.

Under the original jurisdiction, the Supreme Court shall accept for adjudication only a dispute involving a question of fact or law.

Concurrent jurisdictional Jurisdiction - The Supreme Court has concurrent jurisdiction to enforce the Fundamental Rights. In order to implement these rights, the Supreme Court can issue 5 types of writ, habeas corpus, mandamus, coercion, prohibition and question of rights under Article 32.

2. Appellate Jurisdiction -

Being the highest and final court of the country, the Supreme Court is also the last and largest appellate court of the country. According to Article 132 it has the right to hear appeals against the decisions of all the High Courts of India.

Appeals can be made to the Supreme Court in the following cases:

1. Appeal in constitutional matters - In constitutional matters, appeals can be made to the Supreme Court against the decision, decree and final order of the High Courts only when, on any important question of law related to the interpretation of the Constitution, many High Courts have different Judgment has been given and the Supreme Court has given its decision. Constitutional Bench is constituted to hear appeals made in constitutional matters, in which at least 5 judges are included.

Appeals in constitutional matters can be made when -

(i) the High Court to give a certificate that the cases involve a very complex question of law for which the interpretation of the Constitution is necessary.

(ii) If the High Court does not give the certificate, then the Supreme Court itself can order an appeal in this regard.

2. Appeal in civil matters - According to Article 133 of the Constitution, an appeal can be made to the Supreme Court against the decision of any High Court situated in the territory of India, when the High Court certifies that -

(i) the cases involve a substantial question of law or public importance, and

(ii) The matter needs to be decided by the Supreme Court.

3. Appeal in criminal (criminal) cases - According to Article 134, an appeal can be made against the decisions given in criminal cases by a High Court. if -

(i) the High Court has, in appeal, by changing the order of acquittal of an accused and sentenced him to death.

(ii) a High Court has transferred a suit pending in a subordinate court under its jurisdiction to it for trial and has convicted the accused and sentenced him to death.

(iii) the High Court certifies that the matter is appealable to the Supreme Court.

4. Appeal of special leave - According to article 136, when the Supreme Court in its discretion allows an appeal from the decision of any High Court or judicial tribunal, then an appeal can be made to the Supreme Court.

3. Consultative Jurisdiction -

Under Article 143 of the Constitution, the President has the right when it appears to him that any question of law or fact has arisen or is likely to arise, which is of such nature or of such general importance that If it is necessary to obtain the opinion of the Supreme Court, he may seek the opinion of the Supreme Court thereon. The Supreme Court can hear the case and give its opinion on it to the President.

It may be mentioned here that the Supreme Court is not bound to give its opinion to the President, nor is the President bound to accept the opinion given by the Supreme Court.

4. Review Jurisdiction -

Under Article 137, the Supreme Court can review the legality of any Act passed by Parliament or Legislatures and any order made by the Executive.

5. Jurisdiction of transfer - The Supreme Court has the following jurisdiction to transfer -

(i) The Supreme Court can transfer the cases pending in the High Court to itself.

(ii) He can transfer the cases pending in one High Court to another High Court.

Presently the Chief Justice of the Supreme Court, Justice Shri N. V. Raman, who is the 48th Chief Justice of the country.

The country's first Chief Justice Hira Lal J. Kanya was there.

Meera Sahib Fatima Bibi was the first woman judge of the Supreme Court.

So far no woman has become the Chief Justice of the Supreme Court.

Currently there are 4 female  Justice are there in Supreme Court -

1. Indira Banerjee

2. Hima Kohli

3. Bela Trivedi

4. B. V. Nagarathana 

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